A/79/316 B. International human rights law framework 11. The meaning of the term “special measures” and the obligation of States to take special measures are found in article 1, paragraph 4, and article 2, paragraph 2, of the International Convention on the Elimination of All Forms of Racial Discrimination. The following is stated in article 1, paragraph 4, thereof: Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved. The following is stated in article 2, paragraph 2, thereof: States Parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved. 12. In 2009, in an effort to address the difficulties observed in understanding special measures, the Committee on the Elimination of Racial Discrimination published general recommendation No. 32 (2009) on the meaning and scope of special measures in the International Convention on the Elimination of All Forms of Racial Discrimination. Importantly, in that general recommendation, it is emphasized that the aim of the Convention is to achieve substantive equality in the enjoyment and exercise of human rights and fundamental freedoms, rather than merely formal equality, and it is reaffirmed that States not only have an obligation to make special measures permissible but also to take special measures where there is disparate enjoyment of human rights by persons and groups in the State party. 6 The Special Rapporteur concurs with the Committee’s view that special measures are not an exception to the principle of non-discrimination, but are integral to its meaning and essential to the aim of the Convention of eliminating racial discrimination and advancing human dignity and effective equality. 7 13. In general recommendation No. 32, it is clarified that special measures should be: 8 (a) Appropriate to the situation to be remedied, legitimate and necessary in a democratic society, respecting the principles of fairness and proportionality; (b) Inclusive of the full span of legislative, executive, administrative, budgetary and regulatory instruments, at every level in the State apparatus, as well as plans, policies, programmes and preferential regimes in areas such as employment, housing, education, culture and participation in public life; __________________ 6 7 8 6/24 CERD/C/GC/32, paras. 1, 6, 8, 14 and 30. Ibid., para. 20. Ibid., paras. 11, 13–16, 18, 21, 27 and 34. 24-15073