A/HRC/42/60/Add.1
140
120
100
80
Salary Man
60
Salary Woman
40
20
0
2010
2015
2020
2025
6.
In order for non-discrimination laws and policies to secure de facto equality, any pre
existing inequality must be redressed. International human rights law provides an opportunity
for states to adopt temporary special measures to achieve the aim of equality and thereby
ensure that non-discrimination laws secure equal enjoyment of rights and freedoms. 9
7.
What is fundamental is that no one suffers due to a specific individual characteristic.
Equality and non-discrimination apply equally to individual persons as to groups of persons
sharing the same characteristic. Each person is unique and different grounds of discrimination
may intersect, or layer, to exacerbate the discrimination experienced. Moreover each person’s
lived reality may be different – one person may experience discrimination on a particular
ground whilst another person identifying with the same characteristic may not experience
discriminatory treatment when exercising her or his rights. Discrimination can be direct (e.g.
someone accrues an advantage or disadvantage solely because of their gender/race/religion
etc.) or indirect. The latter can be a policy, law or practice which, whilst overtly fair, even
non-discriminatory, may in fact adversely affect or disproportionately affect an individual or
group with the same specific characteristic. It does not matter whether or not that was the
intention of the measure.10
8.
Agenda 2030 and the subsequent sustainable development goals include several
targets and indicators of particular relevance to non-discrimination and equality, not least
Goal 5 on gender equality and Goal 10 on reduced inequalities. Securing the appropriate
targets will limit discrimination in some areas. For that to be achieved, private and public
sectors, formal and informal, must embed principles of equality and policies of nondiscrimination across all activities.
9.
An overarching aim of Agenda 2030 is to ensure that ‘no one is left behind’. Those
‘left behind’ during the development of a state will not enjoy the benefits that sustainable
development should offer. The ‘people’ dimension will not be achieved. Analyses have
shown that unequal societies with groups marginalised and left behind can pose a risk to
peace and security. There should be an intensification of efforts both to identify those
individuals or groups likely to be left behind 11 and to ensure they are not being directly or
indirectly discriminated against.
9
10
11
Article 4 CEDAW, Article 1(4) ICERD, Article 5(4) CRPD.
CERD GC 32 para 5.
Hence the need for disaggregated data; A/HRC/42/60, paras 22 and 25.
5