Comprehensive anti-discrimination legislation that addresses direct and indirect
discrimination by both public and private actors is a necessary instrument
for combating discrimination and promoting equality.18 To effectively address
discrimination in social and economic spheres, anti-discrimination legislation must
protect persons belonging to national minorities from discrimination in employment,
housing, health care, social protection, public goods and services, and other
relevant areas.19 Legislation should also protect against discrimination that occurs
on more than one ground. Anti-discrimination legislation should be reflected in
relevant provisions of constitutional, criminal, civil and administrative law and be
accompanied by robust policy and administrative measures and resources to
support its implementation.20 Sector-specific laws regulating social and economic
policy areas should be reviewed to ensure that they do not directly or indirectly lead
to discrimination.21
Adequate legal remedies, with accessible mechanisms for filing discrimination
claims and appropriate sanctions and compensation, including the possibility of
non-monetary forms of reparation, as appropriate, are essential in the effective
implementation of anti-discrimination legislation. States should ensure the
accessibility of legal remedies to persons belonging to national minorities.22 This
includes disseminating information about non-discrimination provisions and
legal remedies to minority communities, including in minority languages, and to
employers and employees in small businesses and the informal sector, which often
include persons belonging to national minorities. Trade unions, other civil society
organizations and the private sector should be engaged, as appropriate, in efforts
to raise awareness about anti-discrimination laws and remedies. State authorities
should promote the establishment and membership of trade unions to protect
workers’ rights and ensure fair labour practices.
As is already the case in many OSCE participating States, equality bodies or other
independent national institutions should be mandated to promote and protect
rights to equal treatment and non-discrimination in the public and private sectors
and in important areas of social and economic life such as employment, education
18
19
20
21
22
20
Ljubljana Guidelines, Guideline 30.
FCNM AC, Commentary on Participation, paragraph 33.
Ljubljana Guidelines, Guideline 30; and CoE, European Commission against Racism and Intolerance
(ECRI), General Policy Recommendation No. 7 (2002, amended 2017).
OHCHR, Committee on Economic, Social and Cultural Rights (CESCR), General Comment No. 20:
Non-discrimination in economic, social and cultural rights (article 2, paragraph 2, of the ICESCR),
paragraph 37 (Geneva 2009) (CESCR, General Comment No. 20: Non-discrimination).
OHCHR, FMI Recommendations, third session, paragraph 18.
Recommendations on the Effective Participation of National Minorities in Social and Economic Life