A/HRC/59/62
both the structural and dynamic consequences of the interaction between two or more forms
of discrimination or systems of subordination. It specifically addresses the manner in which
racism, patriarchy, economic disadvantage and other discriminatory systems contribute to
the creation of layers of inequality that determine the relative positions of women and men,
races and other groups. Moreover, it addresses the way that specific acts and policies create
obstacles that exist along the intersecting axes, contributing actively to a dynamic of
disempowerment.”11
9.
As well as uncovering systemic human rights violations, intersectionality allows for
an understanding and centring of the lived experiences of those who experience systemic
racism and discrimination. When discussing definitions, it is important to note that an
intersectional lens should not be understood as being used only to uncover patterns of
discrimination and systemic oppression in lived experiences. Intersectionality can also be
defined as an enriching and enabling framework, given that it allows for the recognition of
multiple and fluid sources of self and the diversity of the human experience.12 Through the
recognition of the diversity, autonomy and agency of those who have experienced
discrimination, an intersectional lens can be a source of “social empowerment and
reconstruction”.13
10.
Intersectionality is both a concept and a framework that can guide responses to
systemic racism and intersectional discrimination through exposing patterns of
discrimination that may otherwise be hidden or overlooked in existing legal and policy
frameworks. 14 Intersectionality has laid the foundation for understanding that systemic
violence, such as racial discrimination, including caste-based discrimination, and genderbased violence, are not just cumulative but interconnected. The foundational recognition of
the intersectional nature of discrimination and related systemic violence calls for the
adoption of an intersectional response to enhance the protection of marginalized racial and
ethnic groups.15 An intersectional approach demands the identification and disruption of the
power structures and privilege, which are often a result of colonialism, enslavement, caste
oppression and patriarchy, as interconnected systems of historical and contemporary
oppression and marginalization. It places the lived experiences of those who experience
racial, multiple and intersecting forms of discrimination at the centre and calls for actively
ensuring the recognition and enablement of their autonomy and agency. It also recognizes
that the experiences of discrimination of racially and ethnically marginalized communities,
including caste-oppressed communities, are complex, fluid and never monolithic; static,
one-size-fits-all responses to racial discrimination and intersectional discrimination will not
be effective. In addition, taking an intersectional approach to discrimination is effective at
identifying and debunking the racialization, racial stereotyping and caste prejudices that all
too often rely on portraying racial and ethnic groups, including caste-oppressed
communities, as homogenous.
B.
International human rights law framework
11.
The principle of equality and non-discrimination is a cornerstone of international
human rights law. Respect for human rights and for fundamental freedoms for all without
distinction as to race, sex, language or religion is established as one of the purposes of the
United Nations in Article 1 of the Charter of the United Nations. Furthermore, the
Universal Declaration of Human Rights provides that everyone is entitled to all the rights
and freedoms in the Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or
other status. The core international human rights treaties have provisions that uphold
equality and prohibit discrimination. The Special Rapporteur asserts that the comprehensive
11
12
13
14
15
4
A/HRC/41/54, para. 18.
United Nations network on racial discrimination and protection of minorities, Guidance Note on
Intersectionality, Racial Discrimination and Protection of Minorities.
Crenshaw, “Mapping the margins”.
A/HRC/57/67, para. 5.
Human Rights Council resolution 47/21.
GE.25-07755