INTRODUCTION
Second, the diversity of the world’s legal systems and traditions has meant that, although the legal questions at
issue here are matters of common public concern, on a number of questions, there have been divergent views
to be weighed carefully and harmonized. In other words, while international law is clear and unequivocal on
the obligation of States to eliminate comprehensively all forms of discrimination, those interpreting it often
do so in different ways.
Ultimately, the quality of the guide has benefited enormously from the time and effort taken to engage experts,
practitioners, affected groups, Governments and others in its development.
D. Scope and limitations
The purpose of the present publication is to provide those working to develop anti-discrimination laws with
a guide setting out clearly the requirements of such a legal instrument and offering practical examples on how
this has been done in a broad range of contexts worldwide. In the course of this, inevitably, the drafters have
included discussion of the conceptual, legal and normative underpinnings of such laws, relying on international
law and internationally authoritative guidance.
It is also important to set out what the guide is not.
First, although jurisprudence is cited throughout the guide, this is for the sole purpose of illustrating how
certain concepts in anti-discrimination law have evolved and their meaning interpreted. The present publication
is not a guide to litigation or adjudication.
Second, there is a vibrant global discussion of how equality law might develop in the future and a dedicated
community of academics, activists and practitioners engaged in thinking about this subject. While the expertise
of a number of these persons has been crucial to the development of the guide, the present publication does not
strive to contribute to this discussion, insofar as it is not future-oriented. The material presented in the guide
should be construed as constituting the law as it currently stands. The guide does not discuss how international
law may or may not evolve in the future; indeed, at a number of points, the drafters have excluded speculative
or aspirational material.
Finally, while the authors sought to draft a guide based on experiences of developing and enacting antidiscrimination laws worldwide, the resources brought to this endeavour are, ultimately, finite: it cannot be
claimed that all relevant laws, legal commentary, experiences, traditions or dilemmas have been included here.
While the drafters have sought to be comprehensive in their discussion of international law and its application
– in order to give those drafting legislation a clear view of the relevant obligations and requirements – in respect
of evidence from national laws, the guide should be taken as exemplary, not exhaustive.
II. HOW TO USE THE GUIDE
The guide has been designed, developed and drafted with a view to its utility: it is intended, as far as possible,
to provide clear, concise and comprehensive guidance to those involved in the development of comprehensive
anti-discrimination laws, in the most accessible way possible.
A. Structure of the guide
To the greatest extent possible, the guide is designed as a linear, explanatory journey. The executive summary of
the guide is designed to function both as a summary of the material contained in the body of the publication and
as a reiteration of States’ core international law obligations in respect of the enactment of anti-discrimination
law. The principles set out in the executive summary are a synthesis of the international legal standards
discussed at length in the rest of the guide and have been designed to act as a stand-alone set of core principles
for the development of comprehensive anti-discrimination laws.
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