IV. >> Illustrating the Framework - Indicators for Some Rights
>> Selecting the indicators
Furthermore, in terms of circumstances under which
discrimination normally occurs, one could formulate
attributes that reflect an individual’s access to an
adequate standard of living, health and education
and to livelihood opportunities. Equal access to
public services, including access to justice, and to
relevant services provided by private actors is vital
for undoing the injustice of historical inequalities and
discrimination that some segments of the population,
such as women, ethnic groups, minorities, migrants
and persons with disabilities, may have been
subjected to. Violence, whether physical, sexual
or psychological, targeting specific population
groups is an extreme form of discrimination and also
needs to be measured in this context.
Moreover, the right to non-discrimination and
equality recognizes the need for temporary
special measures (sometimes referred to as
affirmative action or positive discrimination) as
enforcing the right in itself is not always sufficient
to guarantee true equality.9 Temporary special
measures may be needed to accelerate de facto
equality. In women’s employment, for instance, a
number of government agencies have adopted
administrative instructions on the recruitment,
promotion and placement of women, aiming at
achieving a better gender distribution at all levels,
and particularly at the higher echelons.
Accordingly, four attributes have been identified:
“equality before the law and protection of the
person”, “direct or indirect discrimination by public
and private actors nullifying or impairing access to
education and health services”, “direct or indirect
discrimination by public and private actors
nullifying or impairing equality of livelihood
opportunities” and “special measures including for
participation in decision-making”.
The use of the cluster of structural-process-outcome
indicators for each of the identified attributes helps
in reflecting the de jure and de facto aspects of the
realization of the right. In selecting the indicators
it is important for the information implicit in the
indicator to be able to establish the fact that the
treatment meted out to the discriminated person
is different from that of others in a similar position
(e.g., prevalence/incidence of crimes, including hate crime and domestic violence by target
population groups), puts the person concerned at a
disadvantage (e.g., proportion of public buildings
with facilities for persons with disabilities), can be
related to one or more of the identified prohibited
grounds of discrimination and there are no valid
reasons for such a differential treatment in the first
place (e.g., time frame and coverage of policy or
programme for equal access to education or the
proportion of employers rejecting job applicants
only on the grounds of their colour or ethnic origins).
Given the cross-cutting nature of discrimination in the
realization of all human rights, it is important to read
and use the table of illustrative indicators on the right
to non-discrimination in conjunction with the tables
of indicators on the other human rights, as well as
the table on violence against women.
Table on violence against women
Violence against women or gender-based violence
is a form of discrimination that seriously inhibits women’s ability to enjoy rights and freedoms on a basis
of equality with men.10 Violence against women is
a human rights issue cutting across civil, cultural,
economic, political and social rights. Human rights
mechanisms, including international11 and regional
ones,12 have addressed it from a normative human
rights perspective. Following the approach outlined
in this Guide, a life cycle perspective is used to
9. The formulation “temporary special measures” is taken from article 4 (1) of the Convention on the Elimination of All Forms of
Discrimination against Women and described in general recommendation No. 25 (2004) of its Committee.
10. See general recommendation No. 19 (1992) of the Committee on the Elimination of Discrimination against Women.
11. See, for instance, “In-depth study on all forms of violence against women: Report of the Secretary-General” (A/61/122/Add.1).
12. See, for instance, the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa.
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