Challenging the Single Axis from the Nexus: Operationalizing Intersectionality in International Human Rights Law to Adequately Address the Corrective Rape of Black Lesbians in South Africa

Abstract

Intersectionality refers to the synergistic interaction between various facets of an individual’s
identities that may result in compounded oppression. While intersectionality discourse has been
around since the ’80s, the international human rights law framework has yet to do away with its
single-axis model of discrimination law, posing a challenge to adequately addressing human rights
violations like corrective rape. The corrective rape of Black lesbians in South Africa falls squarely
into the category of intersectional discrimination, as in this specific context, it is heavily predicated
on the compounded effect of individuals’ race, gender and sexual orientation. This Article explores
opportunities for mainstreaming intersectionality in order to increase protections for persons with
intersecting marginalized identities under the IHRL framework. In doing so, it makes the case that
under the specific rubrics of intersectional mainstreaming and joint interpretive instruments,
international human rights law can contribute meaningfully to the struggle for equal rights and
justice for Black lesbians in South Africa.