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Working Group on Women and Human Rights

Background Briefing on Intersectionality

Purpose

The paper can be used as a background briefing to the issue of intersectional discrimination. It provides an overview of the ways in which the UN system has recognized this issue, a definition of intersectional discrimination and methodology to support this definition.

The UN and Intersectional Discrimination

Central to the realization of the human rights of women is an understanding that women do not experience discrimination and other forms of human rights violations solely on the grounds of gender, but for a multiplicity of reasons, including ages, disability, health status, race, ethnicity, caste, class, national origin and sexual orientation. Various bodies and entities within the UN have to a certain extent recognized the intersectionality of discrimination in women's lives. However, the structures of the UN do not necessarily support the implementation of such an understanding.

The core elements of an intersectional approach have been articulated in the Beijing Platform for Action and in the Outcome document from the Special Session of the General Assembly entitled "Women, 2000: gender, equality, development and peace for the twenty-first century". The Beijing Declaration calls for Governments to "Intensify efforts to ensure equal enjoyment of all human rights and fundamental freedoms for all women and girls who face multiple barriers to their empowerment and advancement because of such factors as their race, age, language, ethnicity, culture, religion, or disability, or because they are indigenous people."

The CERD Committee has adopted General Recommendation 25 on the Gender Related dimensions of racial discrimination, which recognizes the need for sessional working methods to analyse the relationship between gender and racial discrimination.

The Expert Group Meeting on Gender and Racial Discrimination suggested that the UN human rights system, including both treaty bodies and Special Rapporteurs and other non-conventional human rights mechanisms, needs to develop a methodology to ensure a substantive analysis of the violations occurring at the intersections of gender and race.

As such the CSW, in its ongoing responsibility for monitoring the implementation of the Beijing Platform for Action and the Report of the Ad Hoc Committee of the Whole of the 23rd Special Session of the General Assembly, has the mandate to develop an approach to the monitoring of the implementation of the PFA and Beijing Plus Five Outcomes Document which incorporates the intersectionality of race and gender, along with other forms of discrimination. In addition, in the realisation of the strategy to mainstream gender as a means of securing the full human rights of all women, the CSW has a further mandate to address the various ways in which race and gender discrimination adversely effects women's enjoyment of their human rights.

We urge the Commission to incorporate the exploration of the implications of the intersection of race, ethnicity, case, national origin and other identities with gender in all its deliberations in order to build consensus on the needs and uses of a methodology on intersectionality as a critical component of its work.

A definition of intersectional discrimination

An intersectional approach to analyzing the disempowerment of marginalized women attempts to capture the consequences of the interaction between two or more forms of subordination.  It addresses the manner in which racism, patriarchy, class oppression and other discriminatory systems create inequalities that structure the relative positions of women, races, ethnicities, classes, and the like.  Moreover, intersectionality addresses the way that specific acts and policies operate together to create further disempowerment. For instance, race, ethnicity, gender, or class, are often seen as separate spheres of experience which determine social, economic and political dynamics of oppression.  But, in fact, the systems often overlap and cross over each other, creating complex intersections at which two, or three or more of these axis may meet.  Indeed, racially subordinated women are often positioned in the space where racism or xenophobia, class and gender meet.  They are consequently subject to injury by the heavy flow of traffic traveling along all these roads. 

Racially subordinated women and other multiply burdened groups who are located at these intersections by virtue of their specific identities must negotiate the traffic that flows through these intersections in order to obtain the resources for the normal activities of life. This is a particularly dangerous task when the traffic flows simultaneously from many directions. These are the contexts in which intersectional injuries occur ­ when disadvantages or conditions interact with preexisting vulnerabilities to create various forms of disempowerment.

Elements of A Methodology for Intersectional Analysis

Critical to the task of addressing gender inequalities and enhancing women's empowerment will be the development of new, and augmenting of, existing methodologies to uncover the ways multiple identities converge to create and exacerbate women's subordination.  These methodologies will not only underline the significance of the intersection of race, ethnicity, caste, citizenship status for marginalized women etc but serve to highlight the full diversity of women's experiences.

An intersectional methodology could have four distinct components:

1. Data Collection

2. Contextual Analysis

3. Intersectional Review of Policy Initiatives and Systems of Implementation

4. Implementation of Intersectional Policy Initiatives

Data Collection - The first requirement for intersection analysis is the availability of reporting and evaluation data disaggregated by race, ethnicity, descent, citizenship status and other identities.  Disaggregated data will make it possible to identify the magnitude of impact of particular problems and policies on particular groups of women.  For example, in order to evaluate the problem of the feminization of poverty it is important to identify the extent of the impact of poverty on different groups of women.

Contextual Analysis - Once disaggregated data is available, the second task is to document the impacts of a problem that are the result of the convergence of identities.  That is to probe beneath the single identity to discover other identities that may be present and contributing to a situation of disadvantage.  The contextual realities could include the legacy of slavery or colonialism or ancient animosities.  For example, disaggregated data may reveal the extent of rape of ethnic women during a situation of war, but an analysis of the context reveals a history of inter-ethnic struggle for economic power that created a climate of permission for the rape among the majority group.

Intersectional Review of Policy Initiatives and Systems of Implementation - With disaggregated data and contextual analysis as background, policy initiatives and systems of implementation can be evaluated for their efficacy in addressing the problems faced by different intersectional identities. For example, does a policy initiate addressing racial discrimination and economic opportunity for one group of women create further tensions with other racial or ethnic women creating a competition and hierarchy of minorities that serves to perpetuate the domination of a majority group.  Or on the other hand, do the implementation procedures for national machinery include a variety of strategies that are sensitive to the different situations of subordination of women within different groups.

Implementation of Intersectional Policy Initiatives ­ National machineries and the UN systems can take concrete steps and implement plans of action based on the data to support such work, governments need to enable data collection, analysis and the allocation of adequate resources for this task.  In addition to the implementation there must be mechanisms for effective review of such implementation.

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