A/79/316
C.
Education
34. Another common area of public life in which States have adopted special
measures is education, most commonly tertiary education. Special measures in
education include quotas and consideration of race in admissions criteria, as well as
“softer” measures, such as scholarships and financial aid, or a combination of
approaches. Research from 2014 revealed that one quarter of countries had some form
of special measures in higher education, although most such measures were aimed at
gender equality, rather than marginalized racial or ethnic groups. 38
35. The Special Rapporteur reminds States of the undeniable transformative
potential of higher education to help to break generational cycles of poverty and social
exclusion. Education can provide access to opportunities to those from marginalized
racial and ethnic groups to gain economic, social and political power to challenge and
dismantle systemic racism. 39 Furthermore, universities in the United States
successfully argued, until 2023, for the use of affirmative action on the basis that
diversity enriches the educational experience for all. 40
36. In Mexico, the federal General Education Law provides that the inclusion of
Indigenous Peoples and people of African descent should be prioritized, and the
National Autonomous University of Mexico provides scholarships to students who
self-identify as Indigenous or of African descent. Since 2004, 950 students have
received support through these scholarships, comprising 53 per cent women and 47
per cent men. 41 North Macedonia provides quotas for Roma in enrolment in higher
education, as well as scholarships to Roma students and free higher education to
Roma women over 35 years of age in an attempt to address the intersectional
discrimination faced by Roma women. 42
37. Several Latin American countries, such as Colombia, Costa Rica, Ecuador and
Uruguay, have quotas in education for people of African descent, and Kenya, Nigeria
and Pakistan have quotas for marginalized ethnic groups. 43 Colombia also has an
education loan fund for students of African descent and a scholarship programme for
people of African descent in Bogotá. 44 In addition to the quotas of its National
Institute of Employment and Vocational Training for people of African descent,
Uruguay provides scholarships and other forms of assistance to students of African
descent. 45
38. In Costa Rica, the national strategy for employability and human talent (2023 –
2027) identifies gaps in the labour market that affect vulnerable populations, such as
people of African descent, Indigenous Peoples and LGBTQIA+ persons, and is aimed
at prioritizing the inclusion of these populations through programmes aimed at social
mobility, such as study loans for Indigenous Peoples. 46
__________________
38
39
40
41
42
43
44
45
46
24-15073
Laura Dudley Jenkins and Michele S. Moses, eds., Affirmative Action Matters: Creating
Opportunities for Students Around the World (New York and London, Routledge/Taylor and
Francis, 2014).
A/HRC/56/68/Add.1, para. 19.
See, for example, Supreme Court of the United States of America, Fisher v. University of Texas
at Austin et al., No. 11–345, 24 June 2013; and Camille Giraut, “From privileges to rights:
changing perceptions of racial quotas in Brazil”, Ethnic and Racial Studies (2023), p. 3.
Submission from Mexico City Human Rights Commission.
Republic of North Macedonia, Strategy for Inclusion of Roma 2022–2030, p. 71.
Gisselquist, Schotte and Kim, Affirmative action around the world, p. 10.
Economic Commission for Latin America and the Caribbean, Afrodescendent Women in Latin
America and the Caribbean: Debts of Equality (United Nations publication, 2018), p. 32.
Ibid.
Submission from Costa Rica, p. 11.
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