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.
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