A/70/335
which they are facing inequality. In some cases, disaggregated data enables the
recognition of certain groups within a country, whose status is otherwise denied. In
some instances not collecting such disaggregated data could equate to denying
recognition to certain minority groups within a country and the vulnerable situation
those groups face. It also facilitates access to justice for victims of discriminatory
practices, which have often turned out to be difficult to prove.
32. Moreover, those statistics allow tailored measures based on empirical
evidence, rather than assumptions, to be developed, avoiding the one -size-fits-all
trap and thus optimizing the likelihood of policies being design ed which would have
an effective impact on the welfare of marginalized groups. According to the
Millennium Development Goals Report 2015, significant progress has been made,
for instance, in the availability of detailed data on indigenous peoples in Latin
America as a result of the inclusion of questions on indigenous people in 17 out of
29 countries during the census round in 2010. The collection of detailed data on
those groups revealed, among other things, that the proportion of births attended by
health professionals was 38 percentage points lower among indigenous women than
non-indigenous women in Mexico and 45 percentage points lower in Peru. The
availability of those disaggregated data led to the adoption of more effective
interventions to reduce inequality. By 2012, more than 80 per cent of births among
indigenous women were attended by health personnel in both countries.
33. Collecting data also enables the competent authorities to decide whether
affirmative action is needed to bridge inequalities between different groups within
society. Census data have also increasingly been used as tools of accountability for
assessing the performance of democratically elected Governments in improving the
welfare of their citizens.
34. Disaggregating data is also a means of identifying indirect discrimination,
which refers to laws, policies or practices which appear neutral at face value, but de
facto treat certain population groups less favourably with no reasonable
justification. For instance, the United States, in its most recent report to the
universal periodic review in 2015, stated that in addressing the disproportionate
percentage of minorities, particularly African-Americans, in the criminal justice
system, “the Fair Sentencing Act of 2010 has reduced the disparity between more
lenient sentences for powder cocaine charges and more severe sentences for crack
cocaine charges (the latter of which are more frequently brought against racial
minorities). Data from the U.S. Sentencing Commission through June 2014 ind icate
that 7,706 federal crack offenders’ sentences have been reduced as a result of
retroactive application of this change: of these offenders, an estimated 90 percent
are African-American” (A/HRC/WG.6/22/USA/1). The harsher sentencing for crack
cocaine-related offences was generating indirect discrimination in the
administration of justice.
35. In addition to its function as a tool that would enable the assessment of the
overall situation of discrimination, inform sound policies and monitor the impact of
measures put in place, collecting data is also necessary to fulfil the right to
information, especially for traditionally disadvantaged groups, which is provided for
in article 19 of the International Covenant on Civil and Political Rights. Indeed
access to demographic and ethnic data could have an empowering effect on
traditionally marginalized groups, as it could foster greater and better participation
in decision-making processes, thus positively impacting the realization of other
15-14106
11/24