PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW
PART TWO – IV
In addition to this role, it is clear that equality bodies must themselves be made accessible.760 In its guidance,
the European Commission against Racism and Intolerance makes several recommendations in this regard
that follow the guidance of the Committee on the Rights of Persons with Disabilities, tailoring it for specific
focus as concerns the accessibility of equality bodies. These include recommendations regarding: providing
accessible premises, online, email and telephone services, and flexibility in meeting the time constraints of those
seeking access to the services of the body; carrying out local outreach initiatives and establishing local and
regional offices for conducting the work of the body; being present with groups experiencing discrimination
and intolerance at key moments and building sustained links with them; allowing the possibility for persons
exposed to discrimination or intolerance to contact and engage with the equality body in a confidential way
and in a language in which they are proficient, to have face-to-face contact and to submit complaints orally,
online or in written form, with a minimum of admissibility conditions; making adjustments to their premises,
services, procedures and practices to take account of all forms of disability; and making use of the Easy Read
format in publications, in particular those providing information on rights and remedies, and translating
selected publications into all languages commonly used in the country; making the functions and services of the
equality body free of charge to complainants and respondents; and taking steps to publicize these provisions
for accessibility and to make them available.761
C. Mandates, functions and powers of equality bodies
While there is broad consensus that States are required to establish specialized equality bodies and that certain
institutional requirements must be met to safeguard their independence and ensure their efficacy, there is no
clear consensus at the international level as regards the required functions and powers of such institutions.
The Committee on the Rights of Persons with Disabilities has stated that the mandate of equality bodies should
be “appropriately and sufficiently broadly defined to encompass the promotion, protection and monitoring
of all rights enshrined in the Convention”. 762 The Committee has further indicated that such bodies should
be “empowered and entrusted with a wide range of responsibilities”.763 In its consideration of the topic, the
Committee on the Elimination of Racial Discrimination has recommended that States establish institutions
for the following purposes:
(a) To promote respect for human rights without any discrimination …;
(b) To review government policy …;
(c) To monitor legislative compliance …;
(d) To educate the public about the obligations of States parties under the Convention;
(e) To assist the Government in the preparation of reports submitted to the Committee on the
Elimination of Racial Discrimination.764
Neither the Committee on the Elimination of Racial Discrimination, nor the Committee on the Rights of
Persons with Disabilities have further elaborated the required forms, functions, mandates or responsibilities
of equality bodies, and it is clear that States possess a significant degree of discretion in this regard. In its
guidance, the European Commission against Racism and Intolerance establishes three principal functions that
an equality body may support: (a) a promotion and prevention function; (b) a support and litigation function;
and (c) a decision-making function.765 Each of these functions is discussed in further detail below.
760
See, for example, Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation
No. 2”, para. 40; and Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies,
recommendation 1.2.3.
761
Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, para. 40.
762
Guidelines on independent monitoring frameworks and their participation in the work of the Committee on the Rights of Persons with
Disabilities, para. 15.
763
Ibid.
764
Committee on the Elimination of Racial Discrimination, general recommendation No. 17 (1993), para. 1.
765
Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, para. 4.
See also A/71/301, paras. 25–37; and Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies,
recommendation 1.1.2.
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