PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation in international law. This list includes – in addition to those explicitly listed characteristics set out above – family (or carer) status,147 gender identity,148 health status, place of residence, sexual orientation,149 social situation, civil status, gender expression,150 genetic or other predisposition towards illness, indigenous origin, migrant status, national minority status, sex characteristics151 and refugee or asylum status.152 In the course of adjudicating cases, treaty bodies have recognized other grounds, based on national law, such as “ancestry”.153 Some treaty bodies have considered particular grounds of discrimination together. In its general comment No. 20 (2009), for example, the Committee on Economic, Social and Cultural Rights discusses discrimination on the grounds of ethnic origin as a form of race discrimination; discrimination on the basis of gender and pregnancy as aspects of sex-based discrimination; trade union and political party membership as forms of political or other opinion; refugee, asylum seeker, migrant, trafficking status and statelessness under the heading of nationality; and descent-based discrimination under the ground of birth.154 Different language may also be used by the treaty bodies to describe related concepts – often signifying a development in understanding of the most appropriate terminology155 or of the different facets of related grounds. Thus, for instance, in its general comment No. 6 (2018), the Committee on the Rights of Persons with Disabilities distinguishes the grounds of gender identity and gender expression,156 reflecting best practice in this area.157 It should be noted, however, that there are often overlaps and intersections between characteristics and it is important that any clarification of terms does not result in an absence of protection. To meet their international law obligations, when adopting comprehensive anti-discrimination legislation, States must ensure that the right to non-discrimination is respected, protected and fulfilled.158 This means that all individuals who are exposed to discrimination on one or more of the grounds recognized in international law are provided legal avenues to enforce their rights and secure redress.159 Additionally, national legislators should seek to list any further characteristics that require protection in their society to ensure that the right to non-discrimination is made realizable to all.160 In this regard, several States have recognized grounds of 22 147 In its general comment No. 6 (2018), the Committee on the Rights of Persons with Disabilities uses the term “career status” rather than carer status, although an examination of the preceding draft of the general comment (which uses the term “carer”) and the location of the word “career” within the phrase “family or career status” indicates that this is a typographical error. In the present guide, reference is made to the ground of “family or carer status” rather than “career status”. 148 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 32; E/C.12/UKR/CO/7, paras. 10–11; Committee on the Rights of Persons with Disabilities, general comment No. 3 (2016), para. 4; CRPD/C/MMR/CO/1, para. 12 (a); and CRPD/C/IND/CO/1, para. 19 (b). 149 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 32. See also Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), paras. 21 and 33; and CRPD/C/IND/CO/1, para. 19 (b). 150 See, for example, Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), paras. 23 and 40; and Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 21. 151 See, for example, Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), paras. 2, 23, and 30; E/C.12/NLD/CO/6, paras. 18–19; CRPD/C/IND/CO/1, para. 19 (b); and the discussion of sex characteristics, above. 152 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), paras. 18–35; and Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 21. 153 Human Rights Committee, Ross v. Canada (CCPR/C/70/D/736/1997), ground based on New Brunswick statute and as adjudicated at the Supreme Court of Canada. 154 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), paras. 19–20, 23, 26, 30 and 32. 155 See, for example, discussion of the term “socioeconomic disadvantage”, in Equal Rights Trust, Learning InEquality: Using Equality Law to Tackle Barriers to Primary Education for Out-of-School Children (London, 2017) pp. 32–35. 156 “Gender identity” is defined in the Yogyakarta Principles as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth”. The Yogyakarta Principles (plus 10) define “gender expression” as “each person’s presentation of the person’s gender through physical appearance … and mannerisms, speech, behavioural patterns, names and personal references”. While historically discussed together, an individual’s gender expression “may or may not conform to a person’s gender identity”. 157 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), paras. 21 and 34; CEDAW/C/NZL/CO/8, para. 11 (a) and 12 (a); CCPR/C/SLV/CO/7, para. 9; Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), paras. 23 and 40; and CRC/C/SWE/CO/5, para. 15. 158 See section I.B of part one of the present guide. 159 See further chapter II of part two of the present guide. 160 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 27.