PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
Paris Principles) when establishing equality bodies.723 Similar recommendations have been made by other treaty
bodies724 and special procedure mandate holders.725 The Paris Principles provide international benchmarks
against which national human rights institutions can be accredited by the Global Alliance of National Human
Rights Institutions. Although national human rights institutions are functionally different to equality bodies,726
possessing a much broader human rights mandate (although some multi-mandate institutions exist),727 these
principles provide a useful framework for assessing the independence of equality bodies.
The Paris Principles set out six main criteria against which independence can be measured: (a) mandate and
competence; (b) autonomy from government; (c) independence guaranteed by statute or constitution; (d)
pluralism; (e) adequate resources; and (f) adequate investigatory powers. Some of these criteria are discussed in
further detail below. In its guidance, the European Commission against Racism and Intolerance develops this
list, making several concrete recommendations, inter alia, relating to the appointment, selection and tenure of
staff; human resources management; procurement and office administration; the development and publication
of materials; and financial controls and internal governance and accountability measures.728 While it is beyond
the scope of the present guide to examine these criteria in detail, good practice in this area, particularly in the
European sphere, has been detailed extensively elsewhere.729
2. Adequate resourcing
In its general comment No. 6 (2018), the Committee on the Rights of Persons with Disabilities emphasizes the
importance of ensuring that equality bodies established under the Convention are “adequately resourced to
address discrimination”.730 Similarly, in its guidance on article 33 (2), the Committee has called on States to
ensure that such bodies “have sufficient funding and technical and skilled human resources” and “autonomy
in the management of their budget”.731 In its concluding observations, the Human Rights Committee has
observed that equality bodies should be provided with “the financial and human resources necessary to carry
out their mandates effectively and independently”.732 The Committee on Economic, Social and Cultural Rights
has made similar observations.733
Both the guidance of the European Commission against Racism and Intolerance and the report of the Special
Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance
highlight the importance of ensuring the appropriate human and financial resourcing of equality bodies.
Underresourcing in some jurisdictions has detrimentally affected the ability of equality bodies to discharge
their mandates.734 In view of this concern, the Special Rapporteur has recommended that all States ensure that
equality bodies “are given the appropriate mandates and resources, both human and financial, to be able to
carry out their functions to their full potential”.735
104
723
Convention on the Rights of Persons with Disabilities, art. 33 (2); and Committee on the Elimination of Racial Discrimination, general
recommendation No. 17 (1993), para. 1.
724
See, for instance, E/C.12/BGR/CO/6, para. 5; and CCPR/C/MDA/CO/3, para. 8.
725
A/71/301, para. 86.
726
Indeed, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance has called on
States “to distinguish [an equality body] from the general national human rights institution”. See A/71/301, para. 86.
727
For further discussion on this point, see Crowley, Equality Bodies Making a Difference, pp. 45–56.
728
Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, paras. 23–36.
See also Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies, recommendation 1.2.1. In
addition to this list, recommendation 1.2.1 (2) urges States to adopt measures aimed at preventing any conflicts of interest involving the
staff, leadership or board members of equality bodies.
729
See, for instance, Crowley, Equality Bodies Making a Difference, pp. 89–101.
730
Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 73 (m).
731
Guidelines on independent monitoring frameworks and their participation in the work of the Committee on the Rights of Persons with
Disabilities, para. 15.
732
CCPR/C/MDA/CO/3, para. 8.
733
E/C.12/BGR/CO/6, para. 5.
734
See, for instance, A/71/301, para. 47.
735
Ibid., para. 88.