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