A/HRC/59/62 framework within anti-discrimination law.64 The Special Rapporteur received information from stakeholders articulating the lack of legal recognition of intersectional discrimination within national legal frameworks across multiple countries and regions. 65 The Special Rapporteur welcomes information from some States on efforts to include multiple and intersecting forms of discrimination within relevant legal frameworks.66 45. The lack of action to integrate multiple and intersectional discrimination into many national legal frameworks is a significant challenge in implementing an intersectional approach. A related challenge is weak implementation of existing anti-discrimination legislation in many countries around the world.67 Amending anti-discrimination legislation to include intersectional forms of discrimination will not be effective unless it is accompanied by correlative action to more rigorously implement such legislation. Another challenge is complexity in defining intersectional discrimination for the purpose of legal recognition and prohibition. The Special Rapporteur stresses the importance of ensuring that the process of defining intersectional discrimination is grounded in the lived experiences of affected groups and individuals and encourages the full and effective participation of all marginalized racial and ethnic groups in all relevant legislative processes. Systemic, racial and historical analysis is also important to the process of codification and legal interpretation of intersectionality. As stated by one academic: “What an intersectional approach to discrimination law would result in is not the creation of endless new discrete identity categories for every possible permutation of identity, but rather an open-textured legal approach that would examine underlying structures of inequality when assessing discrimination claims.”68 Intersectional remedies 46. The impact of single-axis approaches within non-discrimination law on access to remedy has been included in intersectionality discourse since its emergence. Kimberlé Crewshaw’s seminal work explores the barriers that Black women face in accessing judicial remedies for intersectional discrimination. Her work cites specific cases in the United States whereby the claims of Black women of intersecting forms of discrimination within employment were explicitly denied by courts based on a lack of legal recognition of intersectionality.69 47. Significant barriers in accessing intersectional remedies persist. Many courts in different countries and regions continue to interpret and adjudicate discrimination claims according to singular grounds.70 For example, the European Court of Human Rights has reportedly not explicitly recognized intersectionality in any of its judgments, despite the extensive lived experiences of intersectional discrimination among marginalized racial and ethnic groups in Europe.71 Other complaint bodies also may offer narrow remedies that do not reflect intersectional experiences. 72 The Special Rapporteur did not receive any information about effective access to intersectional remedies. 48. Lack of access to intersectional remedies is fundamentally linked to the single-axis framework that persists in much anti-discrimination law, as discussed above, but other 64 65 66 67 68 69 70 71 72 GE.25-07755 Submission from Sexual Rights Initiative. Submissions from Switzerland, European Union Agency for Fundamental Rights, African Sovereignty and Reparations Representatives, RacismoMX, Coming Out and Zagros Centre for Human Rights. Submissions from Germany and Spain. See A/HRC/57/67; and submissions from Zagros Centre for Human Rights and National Council for Women Leaders and Dalit Human Rights Defenders Network. Ben Smith, “Intersectional discrimination and substantive equality: a comparative and theoretical perspective”, The Equal Rights Review, vol. 16 (2018). “Demarginalizing the intersection of race and sex”. Smith, “Intersectional discrimination and substantive equality”; and OHCHR, Protecting Minority Rights. Center for Intersectional Justice, “Intersectional discrimination in Europe”; and submission from European Union Agency for Fundamental Rights. See A/HRC/57/67. 15