A/79/316 Discrimination, and past and present United Nations High Commissioners for Human Rights. 22 The fourth pillar of the agenda towards transformative change for racial justice and equality of the High Commissioner is “Redress: confront past legacies, take special measures and deliver reparatory justice”. 23 In this respect, the Special Rapporteur reminds States that it is not necessary to prove “historic” discrimination in order to validate a programme of special measures; the emphasis should be placed on correcting present disparities and on preventing further imbalances from arising. 24 IV. Examples of special measures 25. In this section, the Special Rapporteur provides examples of special measures in three areas in which they have most commonly been implemented: political representation, higher education and employment. The examples provided are non-exhaustive. A. Political representation 26. Special measures in political representation are well established in some States and often take the form of quotas in electoral lists or in seats in parliaments. The benefits of special measures in political representation are substantial and multifaceted. Special measures in political representation can combat historical and systemic discrimination by providing opportunities to marginalized groups that have historically been underrepresented and can help to break down barriers and challenges that candidates from marginalized racial or ethnic groups may face, including limited access to political networks and resources. Special measures in political representation can promote a sense of belonging and inclusion, fostering social cohesion and stability, and prevent social and ethnic conflicts by ensuring that all voices are heard and considered. Special measures in political representation can also lead to inclusive policies and decision-making, which encompasses a wider range of issues and viewpoints, leading to more effective and equitable policy outcomes, including by raising the needs and rights of marginalized groups. In addition, special measures can lead to the increased political participation of other members of the targeted racial or ethnic group, and the individuals who have directly benefited may inspire younger generations to pursue leadership roles. Special measures also strengthen democratic systems by ensuring the representation of all racial and ethnic groups. 27. India was the first country to implement special measures in political representation, referred to as “reservations”. 25 Shortly after independence, India introduced a comprehensive and systematic set of special measures. The Indian Constitution of 1950 enshrined provisions for the reservation of seats in legislatures, educational institutions and government jobs for “scheduled castes” and “scheduled tribes” (Indigenous Peoples outside the caste system) to address historical injustices and social discrimination. 26 These measures were aimed at promoting social justice and ensuring equal opportunities for marginalized communities. The implementation of these policies began with the reservation of seats in Parliament and state legislatures, followed by reservations in public sector employment and educational __________________ 22 23 24 25 26 10/24 A/74/321, paras. 8 and 28; A/68/333, para. 18; A/64/271, para. 42; A/HRC/21/60/Add.2, para. 25; CERD/C/GC/34; and A/HRC/54/66, para. 61. A/HRC/47/53, annex and paras. 55–61. CERD/C/GC/32, para. 22. Schotte, Gisselquist and Leone, Does Affirmative Action Address Ethnic Inequality?, p. 5. Constitution of India, adopted on 26 November 1949 and entered into force on 26 January 1950. 24-15073

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