IV. Key policy areas
Anti-discrimination and full and effective equality
30. When developing comprehensive anti-discrimination policy and legislation,
States should create mechanisms for effective implementation. Proactive
policies should be put in place to identify and remove barriers to equal
opportunities. Legal remedies in cases of discrimination should include
effective, proportional and dissuasive sanctions, adequate compensation
and, where necessary, remedial action.
States need to adopt comprehensive policy, legislation and administrative measures
to effectively combat discrimination – both direct and indirect – in all relevant
spheres of life and covering all relevant actors in the public and private sectors.
Effective equality also means that barriers to the enjoyment of equal opportunities
regardless of background should be identified and removed.
Comprehensive anti-discrimination legislation implies making relevant provisions in
the constitution, in criminal, civil and administrative legislation, and in by-laws and
regulations.69
In addition to amending the legal framework, an institutional structure for developing,
implementing and monitoring anti-discrimination policies should be established. In
particular, there should be specially designated independent equality bodies or other
independent bodies with the necessary competences and adequate resources at
the national and, where appropriate, regional levels.
69
ECRI, General Policy Recommendation no. 7 (National legislation to combat racism and racial discrimination), 2002, and Committee on the Elimination of Racial Discrimination (hereinafter: “CERD”).
38
Guidelines on Integration of Diverse Societies