A/79/316 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 __________________ 74 75 76 77 78 79 24-15073 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. 19/24

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