PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
In part one of the guide, the drafters provide a detailed explanation of the international normative framework
underpinning the requirement to adopt comprehensive anti-discrimination law. In addition to setting out States’
obligations under international law to enact, enforce and implement comprehensive anti-discrimination law,
part one includes a discussion of the growing consensus expressed by States at the regional and national levels.
In part two of the guide, the drafters discuss the necessary content of anti-discrimination laws, if they are to
be comprehensive and thus to align with international legal standards. This part is organized into sections
covering each area of anti-discrimination legislation. The first three sections cover the content of the right
to non-discrimination – including discussion of the personal scope, forms of prohibited conduct, material
scope and justifications and exceptions – positive action and equality duties. The guide then includes sections
considering the right to effective remedy; access to justice and enforcement; the mandates, functions and
powers of specialized equality bodies; and States’ broader obligations regarding implementation, such as the
development of equality policies and strategies and the use of equality impact assessment.
In part three, the drafters examine the particular application of the right to non-discrimination in the context
of minority rights protection, noting both the centrality of the right to the enjoyment of minority rights and
the complex issues that arise at various points of intersection.
In part four, the drafters examine two discrete issues connected with the development of comprehensive antidiscrimination law: discriminatory violence and hate crime; and hate speech and incitement.
The guide concludes with a section examining the role of anti-discrimination laws in meeting States’ obligations
to address the root causes of discrimination and promote diversity.
B. Structure of the sections
Each part of the guide is split into sections, each of which examines a specific element or component of
anti-discrimination law. Each section contains a discussion of the relevant legal concept, beginning with a
focus on the relevant international legal standard as set out in the human rights treaties, before discussing its
interpretation or elaboration through the work of the United Nations treaty bodies. The sections then consider
regional and – to the extent necessary – national standards and interpretations.
Each section begins with a summary box that synthesizes the relevant legal principles as established in
international law. These summary boxes aim to provide guidance for those drafting anti-discrimination
legislation on what needs to be included in law in the area in question. The text of the summary boxes is
compiled in the executive summary, which is designed to act as stand-alone guidance on the necessary content
of comprehensive anti-discrimination law.
Section summaries are provided in boxes like this one.
As the aim of the drafters is that the guide should, above all, be practical, sections include illustrative boxes with
examples and case studies, specific or complex issues in international law, together with the aforementioned
section summaries. For convenience, these are colour-coded, as follows:
Green-coloured boxes provide examples from national practice, primarily in the form of provisions from
national anti-discrimination laws. These are provided with the aim of providing those involved in the
development of anti-discrimination laws with best practice provisions that can be adopted or adapted.
Sand-coloured boxes provide examples of regional or international practice, law, jurisprudence or
commentary.
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