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101. All human rights treaties and instruments proclaim the principles of equality and
non-discrimination, with explicit (but not exclusive) reference to several grounds such as gender,
race, language, religion, disability. In the decisions and comments of the treaty bodies several
other grounds, such as age and sexual orientation have been covered and included as prohibited
grounds of discrimination.
102. All core instruments of international human rights law apply to various grounds of
discrimination. Linking different provisions of those instruments which concern different
grounds of discrimination can give birth to a functional approach in addressing multiple
discrimination.
103. The international instruments concerning the protection of specific categories of rights
holders, such as children, migrants, people with disabilities, address the issue of multiple
discrimination in a direct way through their non-discrimination clauses in connection with
specific substantive provisions. They can be fully applied with a view to countering multiple
discrimination. Two of the core human rights treaties exclusively mention those grounds of
discrimination, the countering of which was the overall purpose of their adoption, namely
ICERD and the Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW) and, more recently, the Convention on the Rights of Persons with
Disabilities (CRPD).
104. ICERD refers only to race, colour, or national or ethnic origin; however, CERD in several
general recommendations leaves no doubt that this body is aware of the phenomenon of multiple
discrimination and is determined to address its various manifestations.90 To illustrate the CERD
approach, one can take the example of the protection of women. General recommendation
No. 25 (2000) on gender-related dimensions of racial discrimination states that “… racial
discrimination does not always affect women and men equally or in the same way. There are
circumstances in which racial discrimination only or primarily affects women, or affects women
in a different way, or to a different degree than men.”91 CERD points out that racial
discrimination may have consequences that affect women only or primarily such as pregnancy
resulting from racially motivated rape.92 In its general recommendation No. 29 (2002) on
article 1, paragraph 1 of the Convention (Descent), CERD urges States parties to take into
account the situation of women members of descent-based communities as victims of multiple
discrimination, sexual exploitation and forced prostitution.93
90
See e.g. general recommendations No. 22 (1996) on article 5 of the Convention on refugees
and displaced persons, No. 23 (1997) on the rights of indigenous peoples, No. 24 (1999)
concerning article 1 of the Convention, No. 25 (2000) on gender-related dimensions of racial
discrimination and No. 30 (2005) on discrimination against non-citizens.
91
Paragraph 1.
92
Paragraph 2.
93
Paragraph 2 (k).
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