37/28 Summary report on the panel discussion of the impact of multiple and intersecting forms of discrimination and violence in the context of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of all human rights by women and girls - Report of the United Nations High Commissioner for Human Rights

GE.17-22811 (E)

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Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda items 2 and 3

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Summary report on the panel discussion of the impact of multiple and intersecting forms of discrimination and violence in the context of racism, racial discrimination, xenophobia and related intolerance on the full enjoyment of all human rights by women and girls

Report of the United Nations High Commissioner for Human Rights

United Nations A/HRC/37/28

I. Introduction

1. Pursuant to its resolution 32/17, the Human Rights Council convened, on 25

September 2017, a three-hour panel discussion to discuss, inter alia, the findings of the

report of the United Nations High Commissioner for Human Rights on the impact of

multiple and intersecting forms of discrimination and violence in the context of racism,

racial discrimination, xenophobia and related intolerance on the full enjoyment of all

human rights by women and girls (A/HRC/35/10), and to examine possible

recommendations. The present summary report was prepared pursuant to the same

resolution. During the panel discussion, participants explored the interface between gender

norms, racial discrimination, religious intolerance and xenophobia in the context of

women’s and girls’ public participation and empowerment. They examined the impact of

intersectional discrimination and violence on the ability of women and girls, particularly

those of African descent, indigenous women and girls, those belonging to minorities and

those who are migrants, to enjoy their human rights. The discussion touched upon, among

other things, the right to decent work and an adequate standard of living, the right to access

to quality education and health care, and the right to live a life free from violence.

Participants further discussed the situation of women and girls living in poverty within the

context of the 2030 Agenda for Sustainable Development.

2. The panel discussion built on the above-mentioned report of the High Commissioner

and was an opportunity for States and other stakeholders to share good practices and

discuss remaining gaps, including in the areas of legal protection, adequate policies, the

work of relevant institutions, the existence of data and research, awareness-raising, and

monitoring and accountability.

3. The Permanent Representative of Brazil to the United Nations and other

international organizations in Geneva, Ambassador Maria Nazareth Farani Azevêdo,

moderated the panel. The panel comprised the following experts: a member of the

Committee on the Elimination of Discrimination against Women, Hilary Gbedemah; a

professor at the department of economics at University del Valle in Colombia, Carlos

Augusto Viáfara López; a researcher and former United Nations youth delegate for

Belgium, Warda El Kaddouri; and the Chair of the Committee on the Elimination of Racial

Discrimination, Anastasia Crickley.

4. The webcast of the panel discussion is archived and can be reviewed at:

http://webtv.un.org.

II. Statement by the United Nations Deputy High Commissioner for Human Rights

5. In her opening remarks, the Deputy High Commissioner emphasized that unequal

opportunities and impediments to human development were rarely attributable to

discrimination based on a single dimension of a person’s identity. People most affected by

discriminatory practices usually faced multiple and intersecting forms of discrimination,

which denied them their basic human dignity. She underlined that, although aggregated

data showed important progress in the realization of women’s human rights, when data

were examined more closely in respect of other dimensions of the human condition, such as

racial or ethnic origin, nationality, disability and minority or migration status, deep

inequalities revealed themselves. Women from minority groups were more likely to live in

poverty, to have lesser access to health services, housing and quality education, to

experience violence and to have limited participation in their communities and in public

decision-making. She argued that those disparate and unfair outcomes were the result of

intersecting and multiple forms of discrimination and were found across regions.

6. Bigotry, discrimination and xenophobia went against international human rights

norms and standards, which had resulted from long-standing calls and commitments of the

international community. The 2030 Agenda was the most recent authoritative reiteration of

the call to ensure equality of opportunity and end discrimination, in particular through Goal

5, on achieving gender equality and empowering all women and girls, and Goal 10, on

reducing inequality within and among countries. The Deputy High Commissioner

importantly noted that development could not be sustainable when not enjoyed by all, and

when social and economic systems created societies stratified not by effort, contribution or

achievement but by nationality, race and gender. She argued that the 2030 Agenda was

grounded in human rights for a good reason, namely because human rights violations that

drove marginalization and exclusion had no place in a peaceful and prosperous world.

III. Summary of interventions by panellists

7. The moderator noted that multiple and reinforcing grounds of discrimination led to

poverty and violence and denied women and girls their human rights. She encouraged

Member States to come up with solutions to address those challenges.

8. Reflecting on the definition of “intersectional discrimination”, Ms. Gbedemah

explained that it was understood by the Committee on the Elimination of Discrimination

against Women as the consequences of two or more combined systems of discrimination

that contributed to create layers of inequality. She referred to some of the Committee’s

findings, recommendations and jurisprudence on women migrant workers, stateless,

refugee and asylum-seeking women, women belonging to ethnic, religious or linguistic

minorities and rural women, as well as on women living in humanitarian settings. In

conflict situations, women and girls were at particular risk of violence, especially sexual

violence. In such contexts, internally displaced and refugee women from particular castes,

ethnicities, nationalities or religions would often be attacked as symbolic representatives of

their community. Stateless women and girls also faced heightened risks of abuse in times of

conflict on the basis of their status as undocumented and belonging to ethnic, religious or

linguistic minority groups.

9. Ms. Gbedemah further analysed some of the compounding factors that underwrote

intersectional discrimination and violence. These included (a) the lack of awareness of the

problem and its extent; (b) poverty; (c) the absence of statistical information related to the

situation of women from specific groups, including the prohibition of collection of data on

the basis of ethnicity; (d) the absence of legislation and other measures; and (e) inadequate

allocation of resources. The lack of involvement of women in decision-making processes,

patriarchal practices and norms, and barriers in accessing justice and services such as

education, health care, credit facilities and community services were also identified as key

factors that enable intersectional discrimination.

10. Mr. Viáfara López explained how cumulative discrimination could affect the social

and economic rights of women and girls. Referring to his research on discrimination against

women and girls of African descent in Colombia, he argued that discrimination based on

gender was one of the leading causes of social inequality, but that racial or ethnic origin

exacerbated gender inequality. Afro-Colombian women and girls were victims of multiple

and intersecting forms of discrimination, including gender and racial discrimination, which

had a compounding negative effect on their enjoyment of social and economic rights. He

emphasized the importance of individual factors, such as ethnic status, social background

and education, on socioeconomic status and social mobility. Individual factors had a great

impact on educational opportunities and hence occupational attainment. For example, the

rate of school dropout among women and girls varied depending on racial origin. Women

and girls of African descent were 66 per cent more likely to drop out of school compared to

the rest of the population in Colombia. Afro-descendent women were also 13 per cent more

likely to do unskilled work than white men and 8.6 per cent more likely than white women.

Women of African descent were 58 per cent less likely to get a university degree than white

men and 32 per cent less likely than men of African descent. Unequal opportunities

resulting from racial discrimination were likely to affect women and girls’ access to other

socially valued goods and services, for instance health care and employment, which

restricted their effective enjoyment of human rights overall.

11. Affirmative action policies or special measures to tackle cumulative disadvantages

on the basis of race and gender were identified as adequate approaches for achieving

greater equality for Afro-descendent women. However, some public policies adopted to

date had overlooked ethnic-racial considerations, thus reducing their effectiveness. Mr.

Viáfara López stressed the importance of having policies specifically aimed at women and

girls from minorities and specific groups. Affirmative action policies should be driven by

the State instead of the market, and campaigns should be conducted to ensure workplaces

that are more balanced with respect to gender and ethnicity, and better employment

opportunities for women. Revenue-generating opportunities for women of African descent

would help improve their overall situation.

12. Ms. El Kaddouri commented on the impact that the rise of populist rhetoric and

increased manifestations of racism, racial discrimination and xenophobia had had on

women’s and girls’ rights. Muslim women were one of the most vulnerable social groups in

certain countries, given that they were discriminated against on multiple grounds, including

sex, race and religion. She referred to the increasing number of reports of Muslim women

being victims of racist and sexist hate crimes and hate speech. Restrictions on the wearing

of religious or traditional symbols, such as the veil, affected the ability of women to freely

decide and choose their dress and restricted the enjoyment of other rights.

13. Ms. El Kaddouri pointed out the double-negative impact of hate crimes and hate

speech on women, particularly the physical and/or psychological trauma in cases of violent

hate crimes and hate speech. The impacts of structural discrimination were, however, more

complex. Structural discrimination had a psychological impact, generating feelings of

exclusion, worthlessness, inferiority and alienation. That had also had an economic impact

when women became or remained unemployed. Feelings of helplessness stemming from

not having the opportunity to contribute and participate in society had affected women’s

self-confidence and caused mental illness. Ms. El Kaddouri further raised concerns about

the low participation of women with minority and migration backgrounds in the labour

market.

14. Ms. Crickley underlined the pioneering role of the Committee on the Elimination of

Racial Discrimination in studying the impact of the compounded negative effect of the

intersection between gender and racial discrimination. She referred to general

recommendation No. 25 (2000) on gender-related dimensions of racial discrimination, in

which the Committee requested State parties to engage in applying a systematic approach to

examining the phenomenon. Commenting on conclusions drawn from the work of the

Committee since the adoption of general recommendation No. 25, Ms. Crickley noted that

the Committee was able to indicate a clear correlation between racial and gender

discrimination. The Committee had regularly provided States with recommendations to

focus on intersectional discrimination through special measures and directly targeted

interventions, which she believed were needed to address structural discrimination

adequately. The Committee was aware of the insufficient attention paid to the link between

gender and racial discrimination, which had resulted in inappropriate responses to

challenges encountered by women facing intersectional discrimination. Although data

remained scarce, information presented to the Committee in the form of State periodic

reports had confirmed that sexual violence committed against women of specific ethnic

groups, either in detention or during armed conflict, abuses of women domestic workers

and the stigmatization of rape survivors remained topical and had dramatically increased in

some parts of the world.

15. The Committee had devoted increasing attention to the intersectionality of gender

and racial discrimination in the case of women of African descent and those belonging to

minorities. It had also explicitly observed the vulnerability of migrant women, especially

migrant domestic workers, to racial discrimination. Ms. Crickley welcomed the fact that the

panel discussion was taking place on the second anniversary of the adoption of the 2030

Agenda. It was important that the language of human rights remained central to the

consideration of intersectional discrimination. The Sustainable Development Goals

provided a unique opportunity to address racial discrimination, especially in the context of

Goals 5 and 10. Addressing intersectional discrimination would require that each goal be

informed through a gender perspective. Looking beyond the Sustainable Development

Goals, Ms. Crickley stressed that in order to make progress on intersectional discrimination,

its existence had to be named and acknowledged, relevant data needed to be collected and

special measures that targeted the most marginalized needed to be taken.

IV. Interventions by representatives of Member States of the Human Rights Council, observer States and other observers

16. In the discussion that followed, several delegations noted that violence against

women and girls was still a major concern. Despite the robust international legal

framework, States faced challenges in the implementation of existing laws and instruments.

They further expressed concern over a significant lack of effort to address intersectional

discrimination in a holistic and comprehensive fashion. Delegations broadly acknowledged

that women faced greater marginalization and a higher risk of human rights violations and

abuses when they experienced discrimination and violence based on multiple and

intersecting grounds. Some highlighted, for instance, the impact of intersectional

discrimination on criminal justice systems and noted that further action was needed to end

related human rights violations.

17. Some delegations raised concern over the resurgence of increasingly accentuated

racial divisions. They noted the disproportionate effect that aggregated forms of racism,

racial discrimination and xenophobia had on women and girls, the need for awareness-

raising and the need to confront the problem of intolerance in all its forms.

18. Several delegations restated their commitment to the full implementation of

international human rights norms and acknowledged the importance of addressing

challenges. The need to adopt provisions and measures tailored to the situation of women

and girls of marginalized communities and specific groups was highlighted. Some

recommended, for instance, the adoption of public programmes and policies that took into

account the specific needs of women of African descent, indigenous women and those

belonging to national or ethnic, religious and linguistic minorities. The need to ensure the

participation of women and young people in decision-making was emphasized repeatedly.

Speakers further acknowledged that promoting gender equality and women’s empowerment

was a prerequisite for eliminating intersectional discrimination against women. In that

connection, the need to strengthen the capacity of the judiciary, law enforcement agencies

and health-care providers in the use of culturally sensitive approaches was highlighted.

19. Delegates noted that in order to live up to the promise of the 2030 Agenda to leave

no one behind, individuals and groups that suffered from intersecting and multiple

discriminations needed to be given the greatest attention to ensure that their human rights

were guaranteed. Delegates stressed the importance of collecting disaggregated data to

design and implement interventions and measure progress. They also encouraged the

implementation of the recommendations of human rights mechanisms, including those

issued in the context of the universal periodic review and by human rights treaty bodies.

Most delegations reiterated the importance of implementing the Durban Declaration and

Programme of Action, relevant Human Rights Council resolutions, the Convention on the

Elimination of All Forms of Discrimination against Women, the International Convention

on the Elimination of All Forms of Racial Discrimination and the work of the Working

Group of Experts on People of African Descent.

20. Most speakers stated that they valued education as paramount in overcoming stigma

and prejudice and in building a diverse society in which all individuals were equally

respected. Several delegations stated that efforts to eradicate racism should start at the level

of early education. Educational material was instrumental in eliminating stigmatization and

discrimination. Speakers agreed that States must invest in human rights education and

awareness-raising.

V. Responses and concluding remarks by the panellists

21. In their concluding remarks, the panellists emphasized that combating multiple and

intersecting discrimination and violence against women and girls would require enhanced

efforts in educational and labour areas and greater participation of women, particularly

those from marginalized groups, in decision-making.

22. Mr. Viáfara López said that although robust frameworks existed on either racial or

gender discrimination, respectively, few applied to their intersection. He therefore

recommended the adoption of educational policies to enhance educational attainment in

conjunction with labour-integration policies to enhance economic attainment. He stressed

the need to strengthen the capacity and awareness of those responsible for implementing

policies, in order to tackle discrimination against women of African descent, indigenous

women and women from other groups.

23. Ms. Gbedemah said that the Committee on the Elimination of Discrimination against

Women had consistently called for the raising of awareness of the rights and remedies

available under the Convention on the Elimination of All Forms of Discrimination against

Women. Awareness-raising had to be informed by evidence-based data, which was why the

Committee had regularly asked State parties to provide statistical evidence regarding the

situation of Afro-descendent, indigenous and minority women. She stressed that it was

important for each State to gather relevant data in order to implement the 2030 Agenda.

The Committee had also called for effective measures to address the discrimination and

violence faced by disadvantaged groups of women, in particular to close the gap between

constitutional guarantees of gender equality and women’s effective participation in

decision-making. She highlighted that democracy and development would not be attainable

within the context of continuing discrimination and pleaded for institutional strengthening

at all levels and for the appropriate allocation of resources and funding to combat multiple

and intersecting forms of discrimination, including to ensure access to affordable and good

quality justice services.

24. Ms. Crickley emphasized that States needed to be aware of their human rights

obligations and that a lack of complaints did not necessarily point to a lack of issues. It was

more likely to mean that people did not know how, or were afraid, to report acts of

discrimination and hatred. Women who experienced discrimination should have the right

and opportunity to participate in decision-making. With regard to the 2030 Agenda, it was

important for all States to collect the type of data that was required under the International

Convention on the Elimination of All Forms of Racial Discrimination. Ms. Crickley

recommended close interaction among human rights mechanisms working on different

grounds of discrimination, in order to ensure that proper attention was paid to intersectional

discrimination. Regarding women in criminal justice systems, she underlined that existing

international instruments should be fully implemented. She urged States that had yet to

ratify the International Convention on the Elimination of All Forms of Racial

Discrimination to do so immediately.

25. In concluding, Ms. El Kaddouri made three recommendations on how to address

intersectional discrimination. First, she argued that gender and racial discrimination could

not be addressed separately. It was crucial for States to identify the groups of women that

were the most vulnerable and discriminated against, and for data to be collected on their

situation. Second, she reiterated the importance of educating people about their human

rights and mechanisms of redress when they faced violations. Third, she recommended the

involvement of marginalized social groups of women in policymaking processes.

26. Ms. Farani Azevêdo stated that the discussion would leave her with a memory of

many encouraging observations on how Governments were fighting intersectional

discrimination against women and girls. While many delegations referred to the challenges,

she believed that the inclusion and participation of women and girls was key to overcoming

those challenges and that addressing intersecting forms of discrimination against women

and girls would contribute to the full implementation of the Sustainable Development

Goals. She noted that the panel discussion was the first held in the context of the Human

Rights Council to focus on intersectional discrimination against women and girls, and said

that it was essential that follow-up to the discussion be ensured.