A/79/316 V. Challenges to the effective implementation of special measures 43. The Special Rapporteur notes that many special measures have been instrumental in improving the access of marginalized racial or ethnic groups to education, employment and political representation. 56 However, despite these advancements, significant challenges remain in ensuring that special measures are implemented effectively in accordance with international human rights law standards. She outlines some of the major challenges to the effective implemen tation of special measures, including the lack of understanding and adoption of special measures, the lack of broad societal support, the use of special measures in isolation, failure to address intersectionality, insufficient disaggregated data and monito ring mechanisms, the lack of full and effective consultation and active participation of intended beneficiaries, and the premature and abrupt withdrawal of special measures. A. Misinterpretation and lack of understanding 44. The Special Rapporteur notes with concern the general lack of awareness and understanding of special measures throughout the world. The Special Rapporteur also notes that discussions on special measures tend to be focused entirely on quotas and neglect the positive and reparatory aspects of special measures. 45. While their differences can sometimes be conceptually complex, special measures should be differentiated from general measures aimed at reducing racial discrimination and inequalities. Anti-discrimination laws may benefit marginalized racial or ethnic groups that are more likely to be discriminated against, but they are not special measures. Similarly, providing anti-discrimination training is not a special measure, even if the topic is targeted, such as the provision of specific training to law enforcement to prevent discrimination against people of African descent. Such training is a measure to avoid and eliminate harm that may occur to individuals from racially and ethnically marginalized communities, but is classified as a general measure, not as a special measure. Similarly, culturally sensitive health-care programmes and access to traditional medicine are general measures, not special measures. 46. Special measures should also not be confused with the specific rights of certain groups, such as Indigenous land, fishing or herding rights. They are rights recognized in international human rights law, for which permanent measures may be needed. 57 For example, the Nordic Saami Convention establishes reindeer husbandry as a sole right of the Saami in Saami reindeer grazing areas. These are rights belonging to the Saami, and they differ from temporary special measures. 47. Special measures are policies that ensure representation and enable the overall socioeconomic, political and educational empowerment of racially or ethnically marginalized groups, including caste-oppressed groups. B. Insufficient implementation 48. The lack of understanding and awareness of social biases against special measures is a major factor in the inadequate adoption of special measures and the __________________ 56 57 24-15073 Schotte, Gisselquist and Leone, Does Affirmative Action Address Ethnic Inequality?, pp. 23, 25 and 29. A/HRC/10/11/Add.1, para. 12; CERD/C/GC/34, para. 15; and Committee on the Elimination of Discrimination against Women, general recommendation No. 25 (2004), para. 19. 15/24

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