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
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56
57
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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.
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