A/79/316 remedy structural discrimination and provide redress for historical injustices. 64 Social and racial biases, including white supremacist approaches, have resulted in a misinterpretation of special measures provided to racially and ethnically marginalized communities. Similar narrative patterns are applied by caste supremacists in the context of special measures provided to caste-oppressed communities. 53. Often ignored in such arguments is the reality that inequalities exist and that merit-based processes alone may largely benefit people who have not been subject to the legacies of enslavement, colonialism, apartheid or other forms of discrimination. This is often referred to as the “myth of merit”. The belief that success is purely the result of individual talent, effort and hard work is underpinned by the incorrect assumption that everyone has an equal opportunity to succeed, and it ignores systemic inequalities and institutionalized forms of exclusion based on race and ethnicity, descent and other similar identities. The other aspect of the myth of merit is non-acknowledgment of existing discrimination, or the misconceived notion of racial or related forms of discrimination as things of the past. The myth of merit also overlooks the advantages that individuals from privileged groups may inherit from their social and hereditary background, including generational wealth, social networks and access to high-quality education, housing and health care. 54. The Special Rapporteur notes that special measures in education have been the subject of vigorous debate, legislative threats, legal challenges and societal pushback. As a result, private educational institutions and governments are increasingly adopting race-neutral or multifaceted affirmation action policies. 65 For example, in its 2023 decisions in Students for Fair Admissions v. Harvard and Students for Fair Admissions v. University of North Carolina, the Supreme Court of the United States effectively eliminated the use of race as a factor in college admissions. 66 Following this contentious decision, many bills have been introduced across the United States to ban not only affirmative action policies but the full scope of diversity, equity, inclusion and accessibility policies and programmes. 67 Since 2023, 85 bills targeting such programmes have been introduced in the United States. 68 It is also concerning that this type of litigation may find its way into other sectors beyond education, such as employment, specifically hiring policies. In June 2023, a United States Court of Appeals entered an order blocking a venture capital firm dedica ted to funding businesses founded by women of colour from issuing entrepreneurship grants limited to Black women business owners, deciding that that practice likely discriminated against business owners of other races. 69 55. The Special Rapporteur expresses her deep concern about the removal of policies at educational institutions that are crucial to dismantling systemic racism and ensuring representation. 56. The Special Rapporteur calls upon States and the United Nations to enhance understanding and awareness of systemic racism, the legacies of historical patterns of enslavement, colonialism and apartheid, and the crucial role of special measures in __________________ 64 65 66 67 68 69 24-15073 Submission from Southern Poverty Law Center, p. 3; and submission from South Africa, p. 3. Laura Dudley Jenkins and Michele S. Moses, “Affirmative action initiatives around the world”, International Higher Education, No. 77 (fall 2014), pp. 5 and 6. A/HRC/56/68/Add.1, para. 18; and Supreme Court of the United States, Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20–1199, 29 June 2023. Submission from Southern Poverty Law Center, p. 3. The Chronicle of Higher Education, DEI Legislation Tracker. Available at https://www.chronicle.com/article/here-are-the-states-where-lawmakers-are-seeking-to-bancolleges-dei-efforts (accessed on 30 July 2024). United States Court of Appeals for the Eleventh Circuit, American Alliance for Equal Rights v. Fearless Fund Management, LLC, et al., No. 23-13138, 3 June 2024; and submission from Southern Poverty Law Center, p. 6. 17/24