9. As I mentioned previously, in my concurring opinion in the judgment in the Case of the Workers of the Fireworks Factory in Santo Antônio de Jesus and their families v. Brazil,2 I understand intersectionality as the confluence in a single person or group of persons, of the violation of different rights, which makes them victims of enhanced discrimination. The confluence of numerous discriminations increases the devastating effects on the human dignity of the persons who suffer from them and results in a greater and more diverse violation of rights than when these discriminations are constituted in relation to a single right. 10. The first person to address the concept of intersectionality was Kimberle Crenshaw when indicating that black women encounter combined race and sex discrimination. Thus, compared to a white woman or an Afro-descendant man, their situation may be similar or different, but involves greater vulnerability.3 She also developed the importance of its significance when designing and evaluating policies in order to avoid remedies focused on the acceptance of the predominant factor of discrimination that make the intersection of other factors of discrimination invisible.4 11. The concept of intersectionality, as a hermeneutic element, allows the Court to determine persons or groups who suffer discrimination and analyze the causes of this situation. As it has in this judgment, the assessment of this phenomenon, the adequate understanding of its severity and the analysis of its causes and effects for the individual, helps the Court decide the merits of the cases submitted to its consideration and, also, provides the necessary perspective for establishing reparations that include, inter alia, appropriate measures of non-repetition that impose on the States lines of action aimed at overcoming discrimination and the violation of rights. 12. The IACtHR used the concept of “intersectionality” for the first time in the analysis of the discrimination suffered by a child in access to education in the case of Gonzales Lluy et al. v. Ecuador.5 In that case, it asserted that: “numerous factors of vulnerability and risk of discrimination intersected that were associated with her condition as a minor, a female, a person living in poverty, and a person living with HIV. The discrimination experienced by Talía was caused not only by numerous factors, but also arose from a specific form of discrimination that resulted from the intersection of those factors; in other words, if one of those factors had not existed, the discrimination would have been different. Indeed, the poverty had an impact on the initial access to health care that was not of the best quality and that, to the contrary, resulted in the infection with HIV. The situation of poverty also had an impact on the difficulties to gain access to the education system and to lead a decent life.”6 13. In addition, the Commission, in an analysis of poverty,7 has referred to the differentiated impact of poverty as a factor of vulnerability that is increased and exacerbated when it is added to the vulnerability of certain groups of the population such as women. Case of the Workers of the Fireworks Factory of Santo Antônio de Jesus and their families v. Brazil. Preliminary objections, merits, reparations and costs. Judgment of July 15, 2020. Series C No. 407, Concurring opinion of Judge Ricardo C. Pérez Manrique 2 Cf. Kimberle Crenshaw, «Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics», University of Chicago Legal Forum 1, No. 8, 1989, p. 149. Available at: https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1052&context=uclf. 3 4 Cf. Kimberle Crenshaw, supra, p. 152. Cf. Case of Gonzales Lluy et al. v. Ecuador. Preliminary objections, merits, reparations and costs. Judgment of September 1, 2015. Series C No. 298. 5 6 Cf. Case of Gonzales Lluy et al. v. Ecuador, supra, para. 290. 7 Cf. IACHR. Report on poverty and human rights in the Americas. OEA/Ser.L/V/II.164, September 7, 2017. 3