A/79/316 combating these racial inequalities and, most importantly, to emphasize the positive outcomes of effective implementation of special measures. The Special Rapporteur recommends that States create national plans to spread general and educational awareness to combat stereotypes and prejudices against special measures and to counter the spread of misinformation about special measures. D. Special measures in isolation 57. Another challenge for special measures is ensuring that benefits are accessible to all members within a marginalized racial or ethnic group. Differences in social, economic and educational status disproportionately affect the most marginalized persons within marginalized racial and ethnic groups. Special measures have been criticized by certain groups for reaching only the most economically or politically advantaged members of targeted racial or ethnic groups. However, the Special Rapporteur highlights that these claims are not backed up by strong e mpirical data and that special measures have innumerable indirect benefits for the broader racial or ethnic group, in addition to their direct benefits for selected individuals. 70 Furthermore, special measures can be designed and implemented in such a way as to ensure that they are accessible to the most marginalized persons within racial or ethnic groups, including by adopting a combination of special measures and other general measures to empower the most marginalized. 58. Various States have attempted to ensure that the most marginalized persons can gain access to the benefits of special measures. For instance, in Brazil, there is a maximum allowable income to be eligible for quotas in higher education, which was lowered from 1.5 times the minimum wage to 1 times the minimum wage per capita under the new quota law of 2023. 71 However, historical forms of discrimination function in the most nuanced forms, subjecting even the most economically or politically advantaged members of targeted racial or ethnic groups and caste oppressed groups to overt and covert forms of discriminatio n and exclusion. In this context, the Special Rapporteur cautions against restricting access to special measures on the sole basis of economic criteria and calls for a more nuanced and holistic understanding of marginalization caused by racism, racial disc rimination and other similar forms of exclusion. 59. The Special Rapporteur encourages States to ensure that special measures are accompanied by other general measures that support their effective implementation and to take a holistic approach to addressing racial discrimination. In isolation, special measures are less likely to achieve their aim of improving equality and may lead to perpetuation of the isolation, segregation, stereotypes or stigma of the intended beneficiaries of such positive actions. 72 Instead, special measures should be used in conjunction with a suite of other anti-racial discrimination and equality measures. The Special Rapporteur echoes the observation of the Committee on the Elimination of Racial Discrimination, which stated, “Special measures are one component in the ensemble of provisions in the Convention dedicated to the objective of eliminating racial discrimination, the successful achievement of which will require the faithful implementation of all Convention provisions”. 73 __________________ 70 71 72 73 18/24 Constance de la Vega, “The special measures mandate of the International Convention on the Elimination of All Forms of Racial Discrimination: lessons from the United States and South Africa”, ILSA Journal of International & Comparative Law, vol. 16, No. 3 (2010), pp. 669 and 670. Rosana Heringer, “Affirmative action policies in higher education in Brazil: outcomes and future challenges”, Social Sciences, vol. 13, No. 3 (February 2024), p. 18. OHCHR, Protecting Minority Rights, p. xiv. CERD/C/GC/32, para. 11. 24-15073