Intersectionality as method for human rights research: Identifying who is made stateless and how through UN treaty body reviews

Abstract

Few theories have generated the kind of international and interdisciplinary engagement as intersectionality. Nevertheless, intersectionality as a research paradigm has yet to gain ground in human rights research. People can experience the same rights violation on multiple grounds, yet human rights research design and methods—like rights frameworks and treaty bodies themselves—tend to examine each form of discrimination separately or additively. This article demonstrates the value of intersectionality as a methodological approach for human rights research by discussing feminist methodological insights developed through a global qualitative study of exclusionary birth registration practices that lead to statelessness. The discussion highlights three intersections that block access to birth certificates: gender, religious, and ethnic discrimination at the civil registrar; disability and ethnic discrimination in contexts of mobility; and discrimination based on gender, race, and migration status in reproductive healthcare. The conclusion offers human rights researchers an intersectional method for analyzing observations from all human rights mechanisms on a particular issue, to gain a more fulsome understanding of the operations of power that violate rights.