PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW I. RIGHTS TO EQUALITY AND NON-DISCRIMINATION This part of the present guide deals with the substantive elements of anti-discrimination law – how the law should define and guarantee the rights to equality and non-discrimination. PART TWO – I First, it discusses the necessary definition and scope of the right to non-discrimination. In order to comply with international law, comprehensive anti-discrimination laws should define and prohibit all forms of discrimination, arising on the basis of all grounds recognized under international law and in all areas of life regulated by law. Section A examines the requirements of international law in each of these respects and defines the necessary elements of anti-discrimination law in respect of the personal scope, the forms of prohibited conduct and the material scope, before examining how the law should deal with the justification of otherwise discriminatory acts. States do not meet their international legal obligations by simply defining and prohibiting discrimination: they must also, among other things, adopt positive measures designed to accelerate progress towards equality for those subjected to historic disadvantage or otherwise unable to participate on an equal basis. Thus, section B examines States’ obligations in respect of positive action and how these should be effected through antidiscrimination law. Finally, section C examines equality duties. It considers both States’ duty to ensure accessibility, on an equal basis, to the physical environment, transport, infrastructure, services and information and communications and statutory duties included in anti-discrimination law through which States can give effect to their obligations to respect, protect and fulfil the rights to equality and non-discrimination. In each case, the sections review international legal standards and the authoritative interpretations of the relevant United Nations treaty bodies, in order to establish the necessary elements of comprehensive antidiscrimination law. A. Prohibition of discrimination Comprehensive anti-discrimination laws must define and prohibit discrimination. Neither the International Covenant on Civil and Political Rights nor the International Covenant on Economic, Social and Cultural Rights defines “discrimination”, but a definition is included in the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities. Article 1 of the International Convention on the Elimination of All Forms of Racial Discrimination provides that “‘racial discrimination’ shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”. This definition is repeated in article 1 of the Convention on the Elimination of All Forms of Discrimination against Women and article 2 of the Convention on the Rights of Persons with Disabilities, with the replacement of references to “race, colour, descent or national or ethnic origin”, with “sex” and “disability”, respectively, and the omission of the word “preference”.118 In its general comment No. 18, the Human Rights Committee adopted the definition used in the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women almost verbatim, modifying it only insofar as required to expand the personal scope to “any ground”.119 The Committee on Economic, Social and Cultural Rights took a similar approach 118 It should be noted that the definition in the Convention on the Rights of Persons with Disabilities includes, in article 2, an additional sentence, as follows: “It includes all forms of discrimination, including denial of reasonable accommodation.” The definition of “intolerance and discrimination based on religion or belief” in article 2 (2) of the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief is also similar to the definition used in the International Convention on the Elimination of All Forms of Racial Discrimination, including its reference to “preference”, see Heiner Bielefeldt and Michael Wiener, “Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief” (2021), p. 3. Available at https://legal.un.org/avl/pdf/ha/ga_36-55/ga_36-55_e.pdf. 119 Human Rights Committee, general comment No. 18 (1989), paras. 6–7. 17