A/79/316 political, economic, social, cultural and group rights, is abundantly clear across the globe. 17 21. Special measures must therefore be understood within the context that societies are inherently hierarchal, limiting equitable space and opportunities for historically marginalized communities. Historically rooted racial discrimination and systemic inequalities are evident in socioeconomic disadvantage; low participation and representation in political and institutional decision-making; difficulties in obtaining access to the labour market; difficulties in gaining access to and completing education, as well as the quality of education, resulting in intergenerational poverty; lack of social recognition; and disproportionate incarceration rates. 18 This results in persistent gaps in access to social capital for the overall empowerment of racially and ethnically marginalized communities. 22. Special measures, when designed and implemented in compliance with international human rights law standards, can function to combat systemic racism in several interconnected and mutually reinforcing ways. Special measures in domains such as education, employment and political representation can be a tool for ensuring the participation of those from marginalized racial and ethnic groups and facilitating their socioeconomic empowerment, thereby serving to dismantle some of the complex and interrelated systems of systemic racism. The representation of those from racially and ethnically marginalized groups in different institutions and domains can also play an important role in ensuring that societal discourse and decision -making reflect diverse and lived experiences, approaches, viewpoints and prerequisites. Inclusive and equitable policies and decision-making can serve to address racial discrimination and inequality, contribute to social cohesion and political stability, and reduce the risk of conflict. 19 23. The representation of individuals from marginalized racial and ethnic groups in institutions can enhance opportunities for younger generations to pursue similar educational or career paths, meaning that special measures can have a positive compounding effect on eliminating racial inequalities. Special measures, when designed and implemented in accordance with international human rights law standards, can also help to break down the pervasive racial stereotypes, prejudices and biases that are an integral part of systemic racism. 24. Moreover, special measures can play an important role in rectifying and providing reparations for historical injustices. As the Special Rapporteur’s mandate has previously highlighted, historical racial injustices, including enslavement and colonialism, remain largely unaccounted for today and require restitution, compensation, rehabilitation and guarantees of non -repetition. 20 A reparatory approach to justice involves accountability and reparations for the harms of colonialism and enslavement, as well as the eradication of the persisting structures of racial inequality, subordination and discrimination. The Special Rapporteur ech oes the calls of her predecessors to States to effectively implement their obligation to put in place special measures to correct historical violations and harms. 21 The important role that special measures can play within a reparative approach to justice has also been expressed and supported widely, including by the Working Group of Experts on People of African Descent, the Committee on the Elimination of Racial __________________ 17 18 19 20 21 24-15073 See A/HRC/53/60. See CERD/C/GC/34. Simone Schotte, Rachel Gisselquist and Tharcisio Leone, Does Affirmative Action Address Ethnic Inequality?: A Systematic Review of the Literature , World Institute for Development Economics Research of the United Nations University (UNU-WIDER) Working Paper 2023/14 (Helsinki, UNU-WIDER, 2023), pp. 5 and 17. A/74/321, para. 6. Ibid., para. 28; see also A/68/333. 9/24

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