A/HRC/28/81
expert. The representative of Uruguay also noted that the situation was similar in Uruguay.
Affirmative action also existed, though only ten per cent of the population were of African
descent. The law in Uruguay focused more on public service than the educational sector.
The two countries were however, exchanging information regarding their experiences in
that area. The representative also asked if Brazil had encountered the problem of “filling
quotas”. The expert replied that that was sometimes the case. Certain quotas existed (such
as a 30 per cent quota for female parliamentarians), but there were not enough women
parliamentarians to fill that quota.
71.
The Chairperson-Rapporteur noted that according to the expert’s presentation,
students who were disadvantaged in early life could do well later in life. He inquired if that
meant that they would also have better employment opportunities and if so, were they
consequently better integrated in society. The Chairperson-Rapporteur also asked if some
structural analysis had been undertaken and if the question of class and race been looked at
in order to create upward mobility in Brazilian society. The expert answered that the
integration of those who had benefitted from special measures in society had yet to been
studied. She expressed some caution about the assessing the intersection between class and
race, in terms of an economic analysis. There was a strong linkage between various factors
that could lead to discrimination, such as social class, economic status and race. She
underlined the fact that all aspects were of importance and that economic models had
difficulties isolating for the impact of these various social factors. Professor Shaw added
that race and class were indeed very often interlinked, noting that inequality was on the rise,
on the global level as well as within certain countries. He stated that the increasing
inequality had already reached crisis proportions tearing apart the social fabric in some
countries.
72.
The representative of Ghana pointed out that many historical and current conflicts
were not fought among people of different racial backgrounds, but that conflicts were
regularly sustained by the perception of superiority of one or both sides to the conflict. The
representative noted that respect for the individual must always be the cornerstone of any
policy. He also expressed support for the work of the Committee in contributing to the topic
of racism and sport.
73.
On 13 October, during the 9th meeting, Ms. Dimitrina Petrova, Executive Director
of the Equal Rights Trust gave a presentation on Special Measures, including affirmative or
positive measures, strategies or actions, to prevent, combat and eradicate all forms and
manifestations of racism, racial discrimination, xenophobia and related intolerance.
74.
She introduced the concept of a unified human rights framework on equality which
offered a holistic approach, recognizing both the uniqueness of each different type of
inequality and the overarching aspects of different inequalities. The unified framework
brought together: a) types of inequalities based on different grounds, such as race, gender,
religion, nationality, disability, sexual orientation and gender identity, among others
b) types of inequalities in different areas of civil, political, social, cultural and economic
life, including employment, education and the provision of goods and services and c) status
inequalities and socio-economic inequalities. This conceptual framework was expressed in
the Declaration of Principles on Equality adopted at an expert meeting in 2008 and
subsequently endorsed by various experts and activists on equality and human rights from
around the world.
75.
She explained that, in her view, the synonymous concepts of special measures,
affirmative action and positive action should be seen in the light of the modern
understanding of non-discrimination and equality as legal rights. As such, positive action is
a necessary element of the right to equality. But it was very important to note the growing
trend of interpreting “special measures” as part of, rather than an exception to, equal
treatment. For example, the Committee on the Elimination of Discrimination against
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents