Minorities and effective political participation: a survey of law and national practices 2010, para. 44
Paragraph- Paragraph text
- This principle has been articulated in several legal instruments which allow for the adoption of special measures. The Convention on the Elimination of All Forms of Racial Discrimination permits the implementation of special measures "for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms" (art. 1, para. 4). The Convention goes on (art. 2, para. 2) to refer to special and concrete measures taken by States parties in the social, economic, cultural and other fields, the purpose of which is to guarantee the full and equal enjoyment of human rights and fundamental freedoms. The Convention on the Elimination of All Forms of Discrimination against Women also allows for "temporary special measures" which accelerate the de facto equality between men and women (art. 4, para. 1). At the regional level, the same approach is taken in the Framework Convention for the Protection of National Minorities, which allows States parties to "adopt, where necessary, adequate measures in order to promote, in all areas of economic, social, political and cultural life, full and effective equality between persons belonging to a national minority and those belonging to the majority" (art. 4, para. 2). Special measures do not constitute discrimination and therefore should not be considered such.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Women
- Year
- 2010
- Paragraph type
- Other
- Paragraph number
- 44
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