One Right Doesn’t Fit All: Intersectionality and the Gaps in International Human Rights

We are thrilled to announce that on May 30th, we will be participating in a round table discussion at the University of Cambridge alongside Dr. Pascale Fournier, head of the Observatory on Human Rights at the United Nations and Dr. Markus Gehring. Joining the conversation are two leaders of the Observatory on Human Rights at the United Nations, Samuel Despars and Clara Byk Giroux, as well as two team members Rick Aiyer and Simona Lombardo.

This discussion is part of a broader initiative aimed at amplifying emerging voices in the field of international human rights law (IHRL).

Our round table will focus on examining the evolving recognition of intersectionality within IHRL, with a particular attention to the recent work of two key United Nations treaty bodies: the Committee on the Elimination of Racial Discrimination (CERD) and the Committee on the Elimination of Discrimination against Women (CEDAW).

In relation to CERD, our analysis centers on General Recommendation No. 37, wherein the Committee articulates the compounded effects of racial and gender-based discrimination on access to health. Drawing from Canadian case studies, we underscore the relevance of CERD’s intersectional lens and argue that a positive rights approach offers a more robust framework for the meaningful realization of the right to health. This approach not only better captures intersecting and indirect forms of discrimination, but also foregrounds the proactive obligations of states to establish conditions conducive to substantive equality in health outcomes.

Turning to CEDAW, we explore the Faith4Rights framework, which seeks to involve religious actors in the promotion and protection of women’s rights. Through an analysis of the framework and subsequent Committee practice, we highlight the significance of innovative, cross-sectoral advocacy in challenging compartmentalized and inadequate understandings of women’s rights within international legal frameworks.

We are honoured to take part in this important dialogue and look forward to engaging with scholars, practitioners, and advocates committed to advancing justice through international law.