CERD/C/GC/32
page 2
B. Principal sources
2.
The general recommendation is based on the Committee’s extensive repertoire of practice
referring to special measures under the Convention. Committee practice includes the concluding
observations on the reports of States parties to the Convention, communications under article 14,
and earlier general recommendations, in particular general recommendation No. 8 (1990) on
article 1, paragraphs 1 and 4, of the Convention, 1 as well as general recommendation No. 27
(2000) on Discrimination against Roma and general recommendation No. 29 (2002) on article 1,
paragraph 1, of the Convention (Descent), both of which make specific reference to special
measures. 2
3.
In drafting the recommendation, the Committee has also taken account of work on
special measures completed under the aegis of other United Nations human rights bodies,
notably the report by the Special Rapporteur of the Sub-Commission on the Promotion and
Protection of Human Rights 3 and general recommendation No. 25 (2004) of the Committee on
the Elimination of Discrimination against Women on temporary special measures. 4
C. Purpose
4.
The purpose of the general recommendation is to provide, in the light of the Committee’s
experience, practical guidance on the meaning of special measures under the Convention in order
to assist States parties in the discharge of their obligations under the Convention, including
reporting obligations. Such guidance may be regarded as consolidating the wealth of Committee
recommendations to States parties regarding special measures.
D. Methodology
5.
The Convention, as the Committee has observed on many occasions, is a living
instrument that must be interpreted and applied taking into account the circumstances of
contemporary society. This approach makes it imperative to read its text in a context-sensitive
manner. The context for the present recommendation includes, in addition to the full text of the
Convention including its title, preamble and operative articles, the range of universal human
rights standards on the principles of non-discrimination and special measures. Context-sensitive
interpretation also includes taking into account the particular circumstances of States parties
without prejudice to the universal quality of the norms of the Convention. The nature of the
Convention and the broad scope of its provisions imply that, while the conscientious application
of Convention principles will produce variations in outcome among States parties, such
variations must be fully justifiable in the light of the principles of the Convention.
1
Official Records of the General Assembly, Forty-fifth Session, Supplement No. 18 (A/45/18), chap. VII.
Ibid., Fifty-fifth Session, Supplement No. 18 (A/55/18), annex V. sect. C.; and Fifty-seventh Session, Supplement
No. 18 (A/57/18), chap. XI, sect. F.
3
“The Concept and Practice of Affirmative Action”, Final report submitted by Mr. Marc Bossuyt, Special
Rapporteur, in accordance with Sub-Commission resolution 1998/5 (E/CN.4/Sub.2/2002/21).
4
Official Records of the General Assembly, Fifty-ninth Session, Supplement No. 38 (A/59/38), annex I.
2
2