E/CN.4/2006/74 page 12 Human Rights Committee made clear that, in fulfilling article 27 of the ICCPR, “positive measures of protection are … required not only against the acts of the State party itself, whether through its legislative, judicial, or administrative authorities, but also against the acts of other persons within the State party”. The independent expert will identify and disseminate best practices of States in this area as well, in addition to possible areas of technical cooperation. 38. The independent expert notes that, in situations where deeply entrenched societal inequalities have taken root, States may have the legal obligation to take affirmative measures to secure the adequate advancement of minority groups. With this in mind, the independent expert will also collect and disseminate information about affirmative-action policies and practices and identify areas for possible technical cooperation in this area. 39. To this end, she will work to develop a questionnaire regarding the measures that have been taken to implement the Declaration on the Rights of Minorities in national contexts. The independent expert will evaluate the questionnaire responses when identifying best practices for implementing the Declaration on the Rights of Minorities and areas of possible technical cooperation. (c) To apply a gender perspective in her work 40. The independent expert will consider in detail the different ways that denials of rights are manifested in the experiences of both men and women, and girls and boys. In this regard, she takes note of CERD’s general recommendation XXV, which makes clear that: There are circumstances in which racial discrimination only or primarily affects women, or affects women in a different way, or to a different degree than men. Such racial discrimination will often escape detection if there is no explicit recognition or acknowledgement of the different life experiences of women and men, in areas of both public and private life. 41. CERD notes that “women may also be further hindered by a lack of access to remedies and complaint mechanisms for racial discrimination because of gender-related impediments, such as gender bias in the legal system and discrimination against women in private spheres of life”. Multiple or intersectional discrimination raises particular concern, for example, in situations of armed conflict and civil unrest, where women may be subjected to violence including crimes against humanity on the grounds of their ethnicity, religion, language, or identification with other minority groups. 42. The independent expert will also devote attention to the situations of those members of minority groups who experience multiple forms of discrimination, based on aspects of their identities and personal realities such as sexual orientation or gender expression that challenge social or cultural norms. 43. The independent expert will consider best practices for addressing these differing experiences of women and men. She will encourage and seek to facilitate effective collaboration, and sharing of information and lessons learned, between actors engaged on gender

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