A/HRC/4/WG.3/6 page 32 101. 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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