A/HRC/59/62
prohibition of discrimination within international human rights law extends to intersectional
forms of discrimination, including systemic forms of such phenomena, as has been
recognized by multiple human rights entities. 16 In the present subsection, the Special
Rapporteur will provide a non-exhaustive analysis of examples of the recognition of
intersectionality within the international human rights law framework.
12.
Several treaty bodies have included implicit and explicit references to
intersectionality in their general comments and recommendations, building upon the
concept of multiple discrimination. For example, in its general recommendation No. 25
(2000) on gender-related dimensions of racial discrimination, the Committee on the
Elimination of Racial Discrimination implicitly recognizes intersectionality by noting that
racial discrimination does not always affect women and men equally or in the same way. It
recognizes that both the manifestations of racial discrimination and their impacts may differ
between men and women. It also recognizes that being a woman and belonging to a
marginalized racial group may interact, creating specific impediments to accessing the right
to remedy. The same Committee, in its general recommendation No. 32 (2009) on the
meaning and scope of special measures in the International Convention on the Elimination
of all Forms of Racial Discrimination, discusses the scope of direct and indirect
discrimination under the Convention and makes explicit reference to the inclusion of
intersectionality (para. 7). In its general recommendation No. 37 (2024) on equality and
freedom from racial discrimination in the enjoyment of the right to health, the Committee
makes clear that intersectional discrimination is encompassed within the comprehensive
prohibition of racial discrimination included in the Convention.
13.
The Committee on the Elimination of Discrimination against Women has also
provided important analysis of States’ obligations to address intersectional discrimination.
In its general recommendation No. 28 (2010) on the core obligations of States Parties under
article 2 of the Convention on the Elimination of All Forms of Discrimination against
Women, the Committee outlines the concept of intersectionality and sets out the obligations
of States Parties to legally recognize and address intersectional discrimination, including
through the adoption of special measures (para. 18). In its general recommendation No. 40
(2024) on the equal and inclusive representation of women in decision-making systems, the
Committee defines “equal and inclusive representation” as fifty-fifty parity between women
and men in all their diversity in terms of equal access to and equal power within decisionmaking systems. Also in that general recommendation, the Committee provides a road map
for achieving parity and stresses the importance of an intersectional approach to achieving
equal and inclusive representation for women in all their diversity.
14.
The Committee on the Rights of Persons with Disabilities has also addressed
intersectionality in its general comments. For example, in its general comment No. 3 (2016)
on women and girls with disabilities, it offers a definition of the concept of intersectional
discrimination, expresses concern about the prevalence of multiple discrimination and of
intersectional discrimination against women with disabilities and recognizes that
“structural, or systemic, discrimination is reflected in hidden or overt patterns of
discriminatory institutional behaviour, discriminatory cultural traditions and discriminatory
social norms and/or rules”. In its general comment No. 6 (2018) on equality and nondiscrimination, the Committee highlights the lack of recognition of intersectionality within
national legal frameworks and elucidates the responsibilities of States to address
intersectional discrimination.
15.
The Committee on Economic, Social and Cultural Rights has elaborated upon States
Parties’ responsibilities to address intersectional analysis in the context of the progressive
realization of economic, social and cultural rights. For example, in its general comment
No. 20 (2009) on non-discrimination in economic, social and cultural rights, the Committee
makes clear that the intersection of two prohibited grounds of discrimination would
constitute a violation of the International Covenant on Economic, Social and Cultural
16
GE.25-07755
See A/HRC/57/67; and Office of the United Nations High Commissioner for Human Rights
(OHCHR), Protecting Minority Rights: A Practical Guide to Developing Comprehensive AntiDiscrimination Legislation (New York and Geneva, 2023).
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