A/HRC/59/62
racism advocates, including human rights defenders, to fight against systemic racism and
intersectional discrimination.
34.
Addressing these barriers and realizing the right to participation in public affairs
among those affected by systemic racism and intersectional discrimination requires a
multifaceted approach. Special measures that integrate consideration of intersectional
discrimination, including to ensure political representation,46 have an important role to play
in ensuring representation and participation in policy, legal and other decision-making
spaces, as discussed below. Special measures should be complemented by other steps to
ensure participation. In this regard, the Special Rapporteur encourages the implementation
of the guidance note of the Office of the United Nations High Commissioner for Human
Rights (OHCHR) entitled “How to effectively implement the right to participate in public
affairs: a spotlight on people of African descent”.47 In the guidance note, the Office stresses
the importance of a range of measures to ensure participation, including developing specific
formal and permanent mechanisms that enable sustained participation, ensuring diversity
and inclusion in participatory processes, providing adequate budgetary and human
resources to ensure meaningful, inclusive and safe participation processes and developing
channels for participation and outreach that are attuned to the needs of marginalized racial
and ethnic groups. While noting the focus on people of African descent within the guidance
note, the Special Rapporteur highlights the applicability of recommended measures to all
those affected by systemic racism and intersectional discrimination.
Intersectional special measures
35.
In her previous report to the General Assembly,48 the Special Rapporteur articulated
the valuable role that special measures could play in addressing systemic racism and
guaranteeing those from marginalized racial and ethnic groups the full and equal enjoyment
of human rights and fundamental freedoms. Special measures in domains such as
education, employment and political representation can be a tool for ensuring the
participation of those from marginalized racial and ethnic groups and facilitating their
socioeconomic empowerment, thereby serving to dismantle some of the complex and
interrelated facets of systemic racism. The representation of those from racially and
ethnically marginalized groups in different institutions and domains can also play an
important role in ensuring that societal discourse and decision-making reflect diverse and
lived experiences, approaches, viewpoints and prerequisites.
36.
Special measures have significant potential to contribute to progress on
understanding and addressing systemic racism in a substantial manner. However, to fulfil
this potential, it is necessary to ensure comprehensive consideration of the lived
experiences of intersectional discrimination in the development, implementation,
monitoring and evaluation of special measures. An inadequate focus on intersecting forms
of discrimination creates a risk that the most marginalized within racial and ethnic groups
will not benefit from special measures.
37.
Other human rights mechanisms have also stressed the importance of taking multiple
and intersectional discrimination into consideration in the design and implementation of all
special measures. For example, the Committee on the Elimination of Racial Discrimination
has recommended, in its concluding observations, that States Parties adopt special measures
to address intersectional forms of discrimination. 49 Moreover, as outlined above, the
Committee on the Elimination of Discrimination against Women has outlined States
Parties’ obligations to adopt special measures to address intersectional forms of
discrimination.50 Legal guarantees and implementation frameworks and strategies must also
integrate special measures to reach women who face multiple forms of discrimination, such
46
47
48
49
50
12
A/79/316, paras. 26–28.
Geneva, 2023.
A/79/316.
CERD/C/BRA/CO/18-20, paras. 14 and 19 (c); and CERD/C/PRT/CO/18-19, para. 14.
General recommendation No. 28 (2010) on the core obligations of States Parties under article 2 of the
Convention, para. 18; and general recommendation No. 40 (2024) on the equal and inclusive
representation of women in decision-making systems.
GE.25-07755