A/HRC/62/55/Add.1 Ethnic origin is included within article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination, as one of the grounds for racial discrimination. Race is also included within article 1 as a separate ground. The Special Rapporteur is of the opinion that conflating race and ethnicity is not aligned with the definition of racial discrimination included within that Convention. Difficulties defining and acknowledging race as grounds for racial discrimination risk limiting opportunities for racial self-identification and rendering invisible the harmful process of racialization. The Special Rapporteur further noted that difficulties defining and acknowledging race can lead to the use of proxies, including those that have the potential to inadvertently reinforce harmful racial stereotypes and hierarchies. For example, she noted that it is common and socially acceptable to refer to a “migrant background” to describe people perceived as being from marginalized racial and ethnic groups, whereas white people tended to be described as having an “Austrian background”. This appeared to take place irrespective of whether those belonging to marginalized racial and ethnic groups had been born in Austria. 14. In addition to sensitivities with the use of the term “race”, the Special Rapporteur noted interrelated issues with defining “racism”. She noted that the use of different proxy terms to define “race” seems to be contributing to a lack of shared understanding of what constitutes racism and racial discrimination, including systemic, structural and intersectional forms of such phenomena. This absence of a shared understanding is exacerbated by the absence of an overarching definition within the relevant legal and policy framework. Not having an overarching definition of racism and racial discrimination risks leaving gaps in corresponding protections and a degree of “invisibilization” of these harmful phenomena within broader society. This further contributes to the systemic erasure of the historical realities of discrimination faced by racially and ethnically marginalized groups. 15. The Special Rapporteur stresses the importance of developing a comprehensive and shared definition of racism and racial discrimination that includes the process of racialization that is inherent to racism and racial discrimination, in a manner that is appropriate within the national context. Such a definition should also capture intersectional, systemic and structural forms of racism and racial discrimination. 3. An absence of special measures to further racial equality 16. A significant gap in the anti-racial discrimination legal framework is the absence of the enshrinement of special measures to advance substantive racial equality. Special measures, often referred to as “affirmative action” or “positive measures”, are targeted benefits provided to underrepresented or marginalized racial and ethnic groups, aimed at ensuring equitable representation and the equal enjoyment of human rights by all. Pursuant to article 1 (4) of the International Convention on the Elimination of All Forms of Racial Discrimination, State Parties are obligated to develop and implement special measures wherever there is disparate enjoyment of human rights by persons and groups. Given the persistent systemic inequalities experienced by groups, including Roma persons, people of African descent, Muslims and people of Arab descent, it is important that Austria consider the development of formal special measures. 17. The Special Rapporteur received many reports that, in the absence of special measures, marginalized racial and ethnic groups remain underrepresented in employment, education and political participation, contributing to the continuation of racial inequality. For example, parliamentarians reported that racial representation is very limited in Parliament and that those from marginalized groups feel poorly represented within this key decision-making forum. The Special Rapporteur also heard multiple reports that there are a limited number of people from marginalized racial and ethnic groups working in the Government, including roles that involve working directly on addressing racial discrimination. She took note of efforts to ensure diversity and inclusion through the diversity management system, including by public sector employers and universities. Nevertheless, she urges Austria to consider taking comprehensive special measures, in line with its obligations as a State Party to the International Convention on the Elimination of All Forms of Racial Discrimination, to better ensure racial representation across society and to advance substantive racial equality. 5