approach must be adopted in order to ensure that the entirety of discrimination that persons with disability face can be addressed. This day of general discussion and the latter general comment provide a unique opportunity for the Committee to explore intersectional discrimination, encouraging States to apply this approach of discrimination as a legal concept and as a legal tool in their legislations. Multiple and intersectional discriminations are constructed on the basis of more than one discriminatory layer. If we affirm this and its legislative consequences, it is necessary to recognize that the identity of persons does not respond to a single factor and is not categorical. This understanding underpins the CRPD. It is true that the Convention has addressed some social groups, such as women and children and categorically recognizes that women face multiple discrimination. However, there is a need to understand that persons with disabilities with different identities face intersectional discrimination. As opposed to multiple discrimination, the intersectional approach to discrimination does not mean the "sum" of discriminatory layers, such as ableism, ageism, racism, sexism, etc. In intersectional discrimination, layers connect with each other, provoking among themselves a synergy, which forms a unique form of discrimination. In multiple discrimination, the treatment of discriminative layers is parallel because they can be differentiated even if the person who is facing those discriminations is the same one and has the same characteristics as a person who faces intersectional discrimination. When facing intersectional discrimination, layers cannot and should not be separated because that intersection, that synergy, causes a single type of discrimination. By following the model used by the Committee on the Elimination of Discrimination against Women in its General Recommendation Nº 28, the CRPD Committee in General Comment Nº 3 has stated a difference between multiple and intersectional discrimination. But there is a necessity to provide concrete guidance to States on this difference, which can be achieved in this General Comment on Article 5.
approach must be adopted in order to ensure that the entirety of discrimination that persons with disability face can be addressed. This day of general discussion and the latter general comment provide a unique opportunity for the Committee to explore intersectional discrimination, encouraging States to apply this approach of as a legal concept and as a legal tool in their legislations. Multiple and intersectional discriminations are constructed on the basis of more than one discriminatory layer. If we affirm this and its legislative consequences, it is necessary to recognize that the identity of persons does not respond to a single factor and is not categorical. This understanding underpins the CRPD. It is true that the Convention has addressed some social groups, such as women and children and categorically recognizes that women face multiple discrimination. However, there is a need to understand that persons with disabilities with different identities face intersectional discrimination. As opposed to multiple discrimination, the intersectional approach to does not mean the "sum" of discriminatory layers, such as ableism, ageism, racism, sexism, etc. In intersectional discrimination, layers connect with each other, provoking among themselves a synergy, which forms a unique form of discrimination. In multiple discrimination, the treatment of discriminative layers is parallel because they can be differentiated even if the person who is facing those discriminations is the same one and has the same characteristics as a person who faces intersectional discrimination. When facing intersectional discrimination, layers cannot and should not be separated because that intersection, that synergy, causes a single type of discrimination. By following the model used by the Committee on the Elimination of Discrimination against Women in its General Recommendation Nº 28, the CRPD Committee in General Comment Nº 3 has stated a difference between multiple and intersectional discrimination. But there is a necessity to provide concrete guidance to States on this difference, which can be achieved in this General Comment on Article 5. discrimination discrimination
CDLP_NUIG_Article-5.docx