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60. For example, these measures may need to be accompanied by measures that also
improve equality in literacy and education levels to ensure that people can gain access
to positions reserved for them. Special measures should also be accompanied by
general anti-discrimination measures to ensure that quotas are adhered to and that
applicants are not dissuaded from applying for reserved positions and are not subject
to discrimination once they have secured a reserved place, which can affect retention
rates. In Pakistan, there is a 5 per cent quota in the public service for all minorities,
including scheduled castes. However, there have been challenges in meeting the
quota, and in 2014, the Supreme Court of Pakistan directed the Federal Government
and the provincial governments to ensure enforcement of job quotas reserved for
minorities and to create institutions to monitor and enforce the laws. 74 The reasons
for this low implementation reportedly include the absence of monitoring and
enforcement of quotas; ongoing discrimination in recruitment; the failure of job
advertisements to specify minority quotas; and the low literacy rate among minority
applicants, which excludes them from many positions, especially those at higher
levels. 75
61. In Mexico City, the programme entitled “Mi Beca para Empezar” (My
Scholarship to Get Started) is aimed at improving the income of families with
children, adolescents, young people or adults enrolled in basic education. 76 However,
social support does not guarantee school attendance, and a combination of measures
is needed, including communication, budgetary and adaption tools, training for
educational personnel on taking an intersectional and intercultural approach, and
many other policies, plans and programmes that contribute to addressing the structural
causes that maintain current disparities. 77
62. The Special Rapporteur reminds States that special measures can and should be
much more than just quotas. While quotas can be an effective tool, so too can other
forms of special measures, including targeted recruitment strategies, mentorship
programmes, and financial aid and scholarships. For example, while quotas in higher
education in Brazil have contributed to the increased participation of people of
African descent, Quilombolas and Indigenous Peoples, there is a need for better
student retention policies, combining financial aid, pedagogical support and other
strategies to increase the sense of belonging for students availing of quotas. 78
E.
Limited attention to intersectionality
63. Another challenge to the effective implementation of special measures is the
lack of consideration of intersectional discrimination in the development and
implementation of these measures. 79 Individuals from marginalized groups often face
multiple intersecting forms of discrimination based on race, ethnicity, sex, gender,
age, disability, sexual orientation and/or other factors. Some special measures may
not directly benefit individuals experiencing intersectional discrimination within the
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74
75
76
77
78
79
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Supreme Court of Pakistan, S.M.C. 1/2014, verdict of 19 June 2024, para. 37.
Centre for Social Justice and Peoples Commission for Minorities’ Rights, “Implementation of job
quota for religious minorities in Pakistan”, provisional report, pp. 11 –13. Available at
https://csjpak.org/pdf/Study-implementation-of-Job-Quota-AA.pdf.
See www.mibecaparaempezar.cdmx.gob.mx/dudas (in Spanish).
Submission from Human Rights Commission of Mexico City, p. 2.
End-of-visit statement of the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance to Brazil, 16 August 2024, pp. 7 and 8,
available at www.ohchr.org/sites/default/files/documents/issues/racism/sr/statements/20240816 eom-stm-brazil-sr-racism.pdf; and Heringer, “Affirmative action policies in higher education in
Brazil”, p. 18.
Schotte, Gisselquist and Leone, Does Affirmative Action Address Ethnic Inequality?, pp. 1, 5 and 26.
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