PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation remedy. They also reflect the fact that discrimination has pernicious and far-reaching effects on society and that it can be both the cause and the consequence of negative social forces, such as ableism, ageism, homophobia, racism, sexism, transphobia and xenophobia, which result in harms at the individual, community and societal level. It is firmly established that persons whose rights have been violated are entitled to an effective remedy. Thus, for example, the International Convention on the Elimination of All Forms of Racial Discrimination includes, under article 6, an explicit right to effective remedy for racial discrimination. In its general recommendation No. 26 (2000), the Committee on the Elimination of Racial Discrimination affirmed that that included both punishment for those responsible for discrimination, as well as pecuniary and moral damage.568 The International Covenant on Civil and Political Rights includes a specific obligation on States to ensure remedy for any violation of Covenant rights, and the Human Rights Committee has emphasized that States must ensure that survivors of discrimination have accessible and effective remedies to vindicate their rights,569 including the right to non-discrimination. The Committee on Economic, Social and Cultural Rights has stated that institutions dealing with discrimination should be empowered to provide effective remedies, including “compensation, reparation, restitution, rehabilitation, guarantees of non-repetition and public apologies”.570 The Committee on the Elimination of Discrimination against Women has made similar recommendations,571 noting States’ obligations to “provide and enforce appropriate, timely remedies for discrimination” and “ensure that remedies are adequate, effective, promptly attributed, holistic and proportional to the gravity of the harm suffered”.572 The Committee on the Rights of Persons with Disabilities has emphasized that sanctions for breach of the right to non-discrimination must be “effective, proportionate and dissuasive”.573 The Human Rights Committee, in its general comment No. 31 (2004), which deals with States’ general legal obligations under the International Covenant on Civil and Political Rights, has noted that “reparation can involve restitution, rehabilitation and measures of satisfaction, such as public apologies, public memorials, guarantees of non-repetition and changes in relevant laws and practices, as well as bringing to justice the perpetrators of human rights violations”.574 The Committee has further noted that “in general, the purposes of the Covenant would be defeated without an obligation … to take measures to prevent a recurrence of a violation”, going on to note its own repeated calls for “measures, beyond a victim-specific remedy, to be taken to avoid recurrence of the type of violation in question”.575 The Committee’s recommendations in this respect are aligned with the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, which lists five elements of “full and effective reparation”: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.576 In line with the Human Rights Committee’s approach, the Committee on the Elimination of Discrimination against Women has noted that remedy includes restitution, compensation, rehabilitation and “measures of satisfaction, such as public apologies, public memorials and guarantees of non-repetition”,577 a position largely echoed by the Committee on Economic, Social and Cultural Rights.578 The Committee on the Rights of Persons with Disabilities has noted that in situations in which discrimination is of systemic nature, the mere granting 76 568 Committee on the Elimination of Racial Discrimination, general recommendation No. 26 (2000), para. 2. 569 International Covenant on Civil and Political Rights, art. 2 (3); and Human Rights Committee, general comment No. 31 (2004), para. 15. 570 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 40. 571 Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 32. 572 Committee on the Elimination of Discrimination against Women, general recommendation No. 33 (2015), para. 19 (a) and (b). 573 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 31 (f). 574 Human Rights Committee, general comment No. 31 (2004), para. 16. 575 Ibid., para. 17. 576 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (General Assembly resolution 60/147, annex), paras. 15–22, at para. 18. The Basic Principles and Guidelines have been cited with approval by the Committee on Economic, Social and Cultural Rights, which has noted that they “provide useful indications as to the obligations that follow for States from the general obligation to provide access to effective remedies”. See Committee on Economic, Social and Cultural Rights, general comment No. 24 (2017), para. 40. 577 Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 32. 578 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 40.