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Discrimination, and past and present United Nations High Commissioners for Human
Rights. 22 The fourth pillar of the agenda towards transformative change for racial
justice and equality of the High Commissioner is “Redress: confront past legacies,
take special measures and deliver reparatory justice”. 23 In this respect, the Special
Rapporteur reminds States that it is not necessary to prove “historic” discrimination
in order to validate a programme of special measures; the emphasis should be placed
on correcting present disparities and on preventing further imbalances from arising. 24
IV. Examples of special measures
25. In this section, the Special Rapporteur provides examples of special measures
in three areas in which they have most commonly been implemented: political
representation, higher education and employment. The examples provided are
non-exhaustive.
A.
Political representation
26. Special measures in political representation are well established in some States
and often take the form of quotas in electoral lists or in seats in parliaments. The
benefits of special measures in political representation are substantial and
multifaceted. Special measures in political representation can combat historical and
systemic discrimination by providing opportunities to marginalized groups that have
historically been underrepresented and can help to break down barriers and challenges
that candidates from marginalized racial or ethnic groups may face, including limited
access to political networks and resources. Special measures in political
representation can promote a sense of belonging and inclusion, fostering social
cohesion and stability, and prevent social and ethnic conflicts by ensuring that all
voices are heard and considered. Special measures in political representation can also
lead to inclusive policies and decision-making, which encompasses a wider range of
issues and viewpoints, leading to more effective and equitable policy outcomes,
including by raising the needs and rights of marginalized groups. In addition, special
measures can lead to the increased political participation of other members of the
targeted racial or ethnic group, and the individuals who have directly benefited may
inspire younger generations to pursue leadership roles. Special measures also
strengthen democratic systems by ensuring the representation of all racial and ethnic
groups.
27. India was the first country to implement special measures in political
representation, referred to as “reservations”. 25 Shortly after independence, India
introduced a comprehensive and systematic set of special measures. The Indian
Constitution of 1950 enshrined provisions for the reservation of seats in legislatures,
educational institutions and government jobs for “scheduled castes” and “scheduled
tribes” (Indigenous Peoples outside the caste system) to address historical injustices
and social discrimination. 26 These measures were aimed at promoting social justice
and ensuring equal opportunities for marginalized communities. The implementation
of these policies began with the reservation of seats in Parliament and state
legislatures, followed by reservations in public sector employment and educational
__________________
22
23
24
25
26
10/24
A/74/321, paras. 8 and 28; A/68/333, para. 18; A/64/271, para. 42; A/HRC/21/60/Add.2,
para. 25; CERD/C/GC/34; and A/HRC/54/66, para. 61.
A/HRC/47/53, annex and paras. 55–61.
CERD/C/GC/32, para. 22.
Schotte, Gisselquist and Leone, Does Affirmative Action Address Ethnic Inequality?, p. 5.
Constitution of India, adopted on 26 November 1949 and entered into force on 26 January 1950.
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