A/HRC/38/52 take into account that denial of citizenship could result in a violation of the Convention if long-term or permanent citizens are disadvantaged in their access to employment and social benefits; to reduce statelessness; and to regularize the status of former citizens of predecessor States (paras. 13–17). 28 In addition, in its general recommendation No. 27 (2000) on discrimination against Roma, the Committee urges States parties to ensure that legislation regarding citizenship and naturalization does not discriminate against members of Roma communities (para. 4). 26. The right to retain a nationality entails a prohibition of the arbitrary deprivation of nationality, 29 which is implicitly or explicitly recognized in numerous international and regional instruments.30 In its general recommendations, the Committee on the Elimination of Racial Discrimination has reiterated that the deprivation of citizenship on the basis of race, colour, descent or national or ethnic origin violates States parties’ obligations to ensure nondiscriminatory enjoyment of the right to nationality. 31 Article 9 of the Convention on the Reduction of Statelessness provides that the deprivation of nationality on racial, ethnic, religious or political grounds is prohibited, even if it would not result in statelessness. 27. In the light of the above-mentioned standards, the Special Rapporteur concludes that citizenship, nationality, and immigration laws and policies constitute a violation of international human rights law when they discriminate, in purpose or effect, between citizens and non-citizens, or among non-citizens, on the basis of race, colour, descent, or national or ethnic origin. Law, policies and practices that disproportionately exclude or have a negative impact on a particular racial, ethnic or national group should also be considered as a breach of the prohibition of racial discrimination. This is true even in the absence of de jure or intentional discrimination. 28. The Special Rapporteur would like to highlight that States must not only refrain from racial discrimination, but also have an obligation to adopt preventive measures aimed at combating prejudice and promoting tolerance, understanding and inclusion. 32 C. Importance of an intersectional approach to racial discrimination and related intolerance 29. Achieving substantive racial equality requires an intersectional analysis of the problem of racial discrimination and intolerance. 33 The following definition of intersectionality captures well its significance: The idea of “intersectionality” seeks to capture 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 disadvantages and other discriminatory systems contribute to create layers of inequality that structures the relative positions of women and men, races and other groups. Moreover, it addresses the way that specific acts and policies 28 29 30 31 32 33 The Committee has frequently addressed these issues in its concluding observations. See, for example, CERD/C/KWT/CO/15-20, para. 17; CERD/C/ITA/CO/16-18, para. 24; CERD/C/MDV/CO/5-12, para. 10; CERD/C/CYP/CO/17-22, para. 18; CERD/C/EST/CO/8-9, para. 13; CERD/C/KHM/CO/8-13, para. 18; CERD/C/TKM/CO/6-7, para. 18; CERD/C/SRB/CO/1, para. 19. For an analysis of the term “arbitrary deprivation of nationality”, see A/HRC/13/34, paras. 23–27. See also A/HRC/25/28, para. 22. See A/HRC/13/34, para. 26; and Human Rights Council resolution 32/5. See Committee on the Elimination of Racial Discrimination, general recommendations No. 30, para. 14, and No. 34, para. 48. See, for example, International Convention on the Elimination of All Forms of Racial Discrimination, arts. 2 (1) (e), 4 and 7; Durban Declaration and Programme of Action, inter alia, paras. 30 (a) and 132; Committee on the Elimination of Racial Discrimination, general recommendation No. 30, paras. 11–12. See Committee on the Elimination of Racial Discrimination, general recommendation No. 25 (2000) on gender-related dimensions of racial discrimination. 9