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discrimination, xenophobia and related intolerance. 4 Between 5 and 16 August 2024,
the Special Rapporteur undertook a country visit to Brazil. The findings from that
visit will be presented to the fifth-ninth session of Human Rights Council, in June
2025.
6.
In January 2024, the Special Rapporteur attended the regional meeting for Asia
and the Pacific on the International Decade for People of African Descent. In February
2024, the Special Rapporteur attended the International Conference on Food Justice
from a Human Rights Perspective, on the theme “Challenges of reality and future
stakes”. In April 2024, she attended the third session of the Permanent Forum on
People of African Descent, where she gave a presentation on overcoming systemic
racism and historical harm in education.
III. Special measures
A.
The concept of special measures
7.
Special measures, which are often referred to as “affirmative action”,
“affirmative measures” or “positive measures”, are the provision of targeted benefits
to underrepresented or marginalized racial and ethnic groups, aimed at ensuring
equitable representation and the equal enjoyment of human rights by all.
8.
Well-known examples of special measures include reservations or quotas within
political representation, targeted recruitment in employment and university admission
policies that allow race, ethnicity or caste to be considered in assessing prospective
students. Special measures may also exist in the form of scholarships, financial aid
for university tuition or university accommodation, mentorships, or other kinds of
educational support for marginalized racial or ethnic groups. Two additional domains
in which targeted interventions have frequently been employed are public housing
and health care.
9.
Special measures are underpinned by the well-established human rights
principle that treating all people identically cannot address inequities caused by
differences and existing disadvantages; substantive equality can only be achieved by
taking cognizance of the historical oppression of marginalized communities. In
certain circumstances, identical treatment also amounts to indirect discrimination.
The Special Rapporteur echoes the calls of other United Nations experts to refrain
from using the terms “reverse discrimination” and “positive discrimination”. 5 Special
measures are not an exception to the prohibition against discrimination. They are an
integral part of the suite of strategies that States are obligated to implement, aimed at
achieving the equality and representation of racial and ethnic groups.
10. The scope of the present report is limited to analysing special measures aimed
primarily at reducing racial and ethnic inequalities. However, the Special Rapporteur
notes that special measures should be taken to ensure the substantive equality and
representation of other underrepresented or marginalized groups, such as persons with
disabilities, women and girls, LGBTQIA+ persons and older persons. The Special
Rapporteur encourages States to consider how special measures can be used to
address intersectional discrimination and inequality.
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4
5
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For example, E/CN.4/Sub.2/2002/21, para. 5, and CERD/C/GC/32, para. 12.
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