A/77/549 to purposive or intentional discrimination, as well as discrimination in effect and structural discrimination. This substantive, non-formalistic approach to equality is especially important in the context of environmental degradation and climate change, where discriminatory intent is difficult to prove but disparate impacts of environmental harm are clearly apparent. 43. Article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination requires States parties to eliminate racial discrimination in the enjoyment of economic, social, cultural, civil and political rights. Article 2 requires States parties, inter alia, to “take effective measur es to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists” and to “prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization”. 44. Under international human rights law, States are in breach of their obligations if they fail to adopt or enforce anti-discrimination legislation regulating the conduct of both public and private actors; fail to amend, rescind or nullify any laws and regulations that have the effect of creating or perpetuating discrimination; 86 or fail to adopt all appropriate immediate and effective measures to prevent, diminish and eliminate the conditions, attitudes and prejudices which cause or perpetuate discrimination in all its forms, or, where necessary, fail to implement concrete special measures aimed at realizing de facto, substantive equality. 87 Special measures or “affirmative action” – specific steps taken by a State aimed at achieving equality in effect, correcting inequality and discrimination, and/or securing advancement of disadvantaged groups or individuals 88 – are a protected human rights remedy 89 that States are required to implement where necessary. 90 45. The term “environmental racism” describes institutionalized discrimination involving “environmental policies, practices or directives that differentially affect or disadvantage (whether intentionally or unintentionally) individuals, groups or communities based on race or colour”. 91 Environmental racism occurs within nations and across borders, as noted by the Working Group of Experts on People of African __________________ 86 87 88 89 90 91 14/24 Committee on Economic, Social and Cultural Rights, general comments No. 20 (2009), paras. 11, 37, and 39–40; and Human Rights Committee general comments No. 31 (2004), para. 8. CCPR/C/21/Rev.1/Add.1, para. 10; Committee on Economic, Social and Cultural Rights, general comments No. 16 (2005), para. 15; Committee on Economic, Social and Cultural Rights, general comments No. 20 (2009), paras. 8(b), 9 and 39; Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004). See also International Convention on the Elimination of All Forms of Racial Discrimination, art. 7; Committee on the Eliminatio n of Racial Discrimination, general recommendation No. 32 (2009); and CRPD/C/DOM/CO/1, para. 50. Convention on the Elimination of All Forms of Discrimination against Women, art. 4(1); Convention on the Rights of Persons with Disabilities, art. 5(4); International Convention on the Elimination of All Forms of Racial Discrimination, art. 2(2); Committee on the Rights of Persons with Disabilities, general comments No. 6 (2018), para. 29; and Human Rights Committee general comment No. 18 (1989), para. 10. See the compilation of general comments and general recommendations adopted by the Human Rights Treaty bodies in HRI/GEN/1/Rev.9 (Vol. I), in particular Committee on Economic, Social and Cultural Rights, general comment No. 16 (2005), paras. 9 and 39; and Committee on the Rights of the Child, general comment No. 4 (2003), paras. 1 and 12. International Convention on the Elimination of All Forms of Racial Discrimination, art. 2(2); Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), para. 30; Committee on Economic, Social and Cultural Rights, general comments No. 20 (2009), paras. 8(b) and 9; and Human Rights Committee general comment No. 28 ( 2000), para. 3. Robert D. Bullard, “Confronting environmental racism in the twenty -first century”, Global Dialogue, vol. 4, No. 1 (Winter 2002), p. 35. 22-24043