The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 15

Paragraph
Paragraph text
Special measures should not be confused with specific rights pertaining to certain categories of person or community, such as, for example the rights of persons belonging to minorities to enjoy their own culture, profess and practise their own religion and use their own language, the rights of indigenous peoples, including rights to lands traditionally occupied by them, and rights of women to non-identical treatment with men, such as the provision of maternity leave, on account of biological differences from men. Such rights are permanent rights, recognized as such in human rights instruments, including those adopted in the context of the United Nations and its specialized agencies. States parties should carefully observe distinctions between special measures and permanent human rights in their law and practice. The distinction between special measures and permanent rights implies that those entitled to permanent rights may also enjoy the benefits of special measures.
Legal status
Non-negotiated soft law
Body
Committee on the Elimination of Racial Discrimination
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Equality & Inclusion
  • Governance & Rule of Law
  • Social & Cultural Rights
Person(s) affected
  • Ethnic minorities
  • Women
Year
2009
Paragraph type
Other
Reference
CERD General Recommendation No. 32, The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination (2009), para. 15.
Paragraph number
15