EXECUTIVE SUMMARY • The establishment of a framework to monitor equality and non-discrimination and the effectiveness of laws, policies and practices through the collection, analysis and publication of disaggregated data. • The establishment and implementation of mechanisms for consultation and participation by persons and groups who experience discrimination, and their representative associations, in legislation, policy and institutional initiatives designed to combat discrimination and promote equality. International law also requires that States take all appropriate measures to amend or abolish laws, policies or practices that discriminate or lead to discrimination in practice. H. Minority rights and anti-discrimination law The rights to equality and non-discrimination are at the heart of minority rights. These rights apply equally to minorities and are essential to the realization of minority rights. The realization of the rights of national, ethnic, religious and linguistic minorities necessitates effective protection and fulfilment of the right to nondiscrimination. As such, the enactment, enforcement and implementation of comprehensive anti-discrimination law is essential if States are to fulfil their obligations to respect, protect and fulfil the rights of minorities. The prohibition of discrimination inheres within minority rights. States must ensure that all aspects of the right to non-discrimination are effective in their efforts to guarantee minority rights. This includes ensuring that laws, policies and practices do not discriminate directly or indirectly against members of minority communities enjoying their cultures, professing or practising their religions or using their languages. It also includes ensuring that measures to respect and secure the rights of members of minorities, in community with the other members of their group, to engage in cultural and religious practices and the use of language do not result in discrimination on any ground. The rights of minorities to non-discrimination and equality cannot be effectively realized without a broad range of minority rights guarantees being effective and realized in practice. These include recognition, genuine participation and consultation in all matters of relevance to the community. While the right to non-discrimination is central to the enjoyment of minority rights, the realization of these rights also requires a range of specific legislative, policy and practical measures, which States should adopt in parallel with the enactment of comprehensive anti-discrimination legislation. Certain groups – in particular indigenous peoples – enjoy explicit rights under international human rights law that go beyond those set out as core requirements for minorities. I. Discriminatory violence and hate crime To meet their commitments and international law obligations to eliminate all forms of discrimination, States must criminalize discriminatory violence and other bias-motivated acts that are criminal in nature. States must ensure that criminal law provides both explicit recognition of, and specific penalization for, bias motive in situations in which violent or other criminal or misdemeanour acts have been committed for reasons related to a ground of discrimination. Criminal and misdemeanour law should provide for recognition of a bias motive for any crime animated by any ground recognized under international law. This recognition can be done either by designating specific criminal law provisions related to discriminatory violence or hate crime or by adding qualifying provisions on bias motive to criminal law provisions related to extant criminal acts. If the latter approach is taken, it is important that bias motive is recognized in relation to all possible relevant criminal and misdemeanour acts. Recognition of hate- or animus-motivated bias should inform sentencing. The list of grounds set out under criminal law must, of necessity, be closed (i.e. not include the category “or other similar status”), because of the requirement of foreseeability in criminal law. xvii