A/HRC/15/42
73.
With regard to special measures with an objective of advancing equality, the
Committee asserted that the term “special measures” includes measures that, in some
countries, may be described as “affirmative measures”, “affirmative action” or “positive
action”, whereas the term “positive discrimination” in the context of international human
rights standards is a contradictio in terminis and should be avoided.
74.
Under general recommendation No. 32, special measures include the full span of
legislative, executive, administrative, budgetary and regulatory instruments, at every level
in the State apparatus, as well as plans, policies, programmes and preferential regimes in
areas such as employment, housing, education, culture and participation in public life for
disfavoured groups, devised and implemented on the basis of such instruments. The
obligation to take special measures is distinct from the general positive obligation of States
parties to the Convention to secure human rights and fundamental freedoms on a nondiscriminatory basis for persons and groups subject to their jurisdiction; this is a general
obligation flowing from the provisions of the Convention as a whole, and integral to all
parts of it. Special measures should be appropriate to the situation to be remedied, be
legitimate, necessary in a democratic society, should respect the principles of fairness and
proportionality, and be temporary.
IV. Special procedures
75.
In discharging their tasks of monitoring, advising and reporting on human rights
violations, mandate holders often address the promotion and protection of the rights of
minorities, since they tend to be the most vulnerable and therefore most likely to fall victim
to human rights violations. Although the mechanisms established for the special procedures
by the Human Rights Council address either specific country situations or thematic issues
in all parts of the world, the rights of minorities tend to be addressed more often by
thematic mandate holders.
A.
Independent expert on minority issues
76.
In fulfilling her mandate in 2009, the independent expert on minority issues
conducted two official country missions, to Kazakhstan and Canada, to consult on minority
issues and consider national legislation, policy and practice relating to national or ethnic,
religious and linguistic minorities. In her guiding role in the work of the Forum on Minority
Issues, she made a substantive contribution to the preparation of the second session of the
Forum, which focused on the theme “Minorities and effective political participation”,
submitting also a background document on minorities and effective political participation
(A/HRC/FMI/2009/3). In the document, the independent expert discussed the right to
effective participation as a fundamental human right affirmed in several key international
legal instruments, and which underpins the realization of all human rights of women and
men belonging to ethnic or national, religious and linguistic minorities.
B.
Special Rapporteur on freedom of religion or belief
77.
In her report submitted to the General Assembly (A/64/159), the Special Rapporteur
on freedom of religion or belief analysed the vulnerable situation of persons belonging to
national or ethnic, religious and linguistic minorities with regard to their freedom of
religion or belief. The Special Rapporteur emphasized that many religious minorities face
various forms of discrimination, for example with regard to official registration procedures
or undue limitations when disseminating materials and displaying religious symbols.
Moreover, some religious minorities were adversely affected by manifestations of
GE.10-14893
15