ABSTRACT

Equality and non-discrimination are the most fundamental pillars of the international human rights edifice. This chapter explains and updates the arguments and conclusions drawn from previous research analysing the relevant activity of UN human rights monitoring mechanisms and treaty provisions in this field. It then focuses specifically on the recommendations on affirmative action measures issued by the United Nations treaty-bodies to the States covered by this book. The chapter evaluates the different engagement of committees with relevant State parties and identifies common trends and inconsistencies of the UN human rights mechanisms in their treatment of special measures. The focus is on Latin-America, the United Kingdom, South Africa, China and India. Treaty bodies do not seem to follow their own advice when issuing recommendations on special measures. With the notable exception of the concluding observations published by Committee on the Elimination of All Forms of Discrimination Against Women, recommendations are mostly ambiguous, unmeasurable and not associated with a specific timeline for their implementation.