PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
inevitably, with the measures that States may initiate pursuant to their proactive obligations to tackle stigma,
prejudice and the root causes of discrimination and with measures mandated by equality duties. Again,
however, it is important to distinguish these concepts and address them separately in law, given the proactive
nature of these obligations and the reactive nature of remedy. Essentially, while courts should be empowered
to order proactive, forward-looking measures as they consider appropriate, States do not discharge their
positive obligations by empowering courts to provide such remedies.
Finally, remedy provided under national law in cases of violation of anti-discrimination law should not be
prescriptive or exhaustive. Given the multiplicity of types, causes and manifestations of discrimination, States
should avoid providing an exhaustive list of potential remedies or prescribing particular remedies for particular
cases, but should instead ensure that adjudicators have sufficient latitude to provide effective remedies at both
the institutional and societal levels. As such, any list or specifications of remedies should be an open-ended
list and include the possibility of “other, relevant” remedies.
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