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reasonable justification for a difference of treatment, “unless every effort has been
made to use all resources that are at the State party’s disposition in an effort to
address and eliminate the discrimination, as a matter of priority”. International
human rights law includes several widely agreed commitments to equality and a set
of tools and mechanisms by which to achieve it, including the requirement that duty
bearers address the root causes of inequality and discrimination.
40. There is now growing consensus among States that the post -2015 agenda must
include tackling the reduction of inequalities. The new development framework
must be articulated in a manner that not only does not accept or accommodate
inequalities and disparities, but also actively seeks to tackle them. Equality,
however, does not mean treating all cases in the same way, given that doing so
would reduce it to formal equality. Substantial equality means treating differently
persons who are in a different situation. It refers to bringing all persons to a level
playing field and progressively working to improve the quality and levels of service
accessible to marginalized groups that are usually left behind, including migrants.
41. The Special Rapporteur strongly recommends that the post-2015 agenda
incorporate equality, which in itself is a fundamental human rights principle, as a
stand-alone and cross-cutting goal, aiming to progressively eliminate disparities
within and between marginalized groups, including migrants, and the general
population, as well as between countries, to achieve more inclusive forms of
development.
42. Incorporating the equality principle will create incentives to end
discrimination and adopt affirmative-action measures or temporary special measures
where barriers exist and persist. In addition, it will require States to look beyond
average attainments and adopt more effective ways of collecting disaggregated data
on inequality affecting marginalized groups, in order to allow for disparate impacts
to be identified. Specific measurements will be required to assess the extent to
which migrants benefit from the post-2015 framework.
43. A goal on equality should be broad, not only focusing on income disparities,
but also identifying key dimensions of economic and social inequality, including in
terms of participation and access to essential services such as health, education and
social protection. This should be framed with reference to the civil, political,
economic, social and cultural rights of all. In addition, targets and indicators relating
to employment and fiscal or redistributive policies must be included under this goal
and structural determinants of inequality should also be addressed.
44. Equality should be cross-cutting. All new targets must mainstream equality
and explicitly focus on reducing inequalities, in order to measure and tackle unequal
enjoyment of the opportunities and benefits of progress across different areas.
Targets and indicators must focus on the situation of the most marginalized, whose
rights and needs should be considered and accorded priority. As such, success
should be measured by the progress made by all, including the most marginalized
groups, including migrants, rather than only by overall progress.
Targets and indicators
45. Targets under equality should focus on the empowerment and inclusion of
groups that are often marginalized, including migrants, and include a commitment to
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