PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation orientation, disability, or other status.”269 The Commission has further called on States to “enact and enforce laws and introduce implementing measures” to address forms of workplace harassment.270 ARMENIA: GROUND-BASED HARASSMENT UNDER THE DRAFT LAW ON ENSURING EQUALITY Article 5 (1) (6) of the draft daw of Armenia on ensuring equality defines harassment as: “unwanted treatment against a person on grounds of one or more protected characteristics or in association with them, with the effect or purpose of creating an unfriendly, hostile, offensive, humiliating or negative atmosphere for that person”. HARASSMENT UNDER THE INTERNATIONAL LABOUR ORGANIZATION VIOLENCE AND HARASSMENT CONVENTION, 2019 (NO. 190) In 2019, ILO adopted the Violence and Harassment Convention, 2019 (No. 190). Under article 1 (1) of the Convention, the term “violence and harassment” is defined to include “a range of unacceptable behaviours and practices, or threats thereof, whether a single occurrence or repeated, that aim at, result in, or are likely to result in physical, psychological, sexual or economic harm”. While it is notable that this definition established a higher threshold for harassment than that used by the treaty bodies, it is nonetheless a welcome strengthening of standards by ILO. It is also notable that the definition includes forms of sex-based harassment and sexual harassment.271 Under article 6 of the Convention, States undertake to “adopt laws, regulations and policies ensuring the right to equality and non-discrimination in employment and occupation”, including for those “persons belonging to one or more vulnerable groups or groups in situations of vulnerability that are disproportionately affected by violence and harassment in the world of work”. Under article 7, States further undertake to define violence and harassment in their national legal frameworks. Ground-based harassment is frequently prohibited in the area of employment. For instance, section 7 (5) of the Employment and Labour Relations Act, 2004, of the United Republic of Tanzania provides that: “Harassment of an employee shall be a form of discrimination and shall be prohibited on any one, or combination, of the grounds prescribed in subsection (4).” However, the material scope of the ban on discrimination in international law extends beyond the employment sector to include all areas of life regulated by law,272 and treaty bodies have recognized States’ obligations to prohibit harassment in various areas of life, such as education273 and health care.274 The ILO Committee of Experts on the Application of Conventions and Recommendations has recognized the value of a comprehensive approach to tackling discrimination, noting that “in most cases comprehensive antidiscrimination legislation is needed to ensure the effective application of the [Discrimination (Employment and Occupation)] Convention”.275 In situations in which harassment has been defined by international and regional bodies, the definition contains the same central elements: unwanted conduct related to a prohibited ground that takes place “with the purpose 38 269 African Commission on Human and Peoples’ Rights, Principles and Guidelines on the Implementation of Economic, Social and Cultural Rights in the African Charter on Human and Peoples’ Rights, para. 59 (k). 270 Ibid. 271 See also ILO Violence and Harassment Recommendation 2019 (No. 206). 272 See section I.A.3 of part two of the present guide. 273 See, for instance, in respect of the racial harassment of Roma students. See Committee on the Elimination of Racial Discrimination, general recommendation No. 27 (2000), para. 20. 274 For instance, in the exercise of the right to sexual and reproductive health. See Committee on Economic, Social and Cultural Rights, general comment No. 22 (2016), para. 31. 275 ILO, “Report of the Committee of Experts on the Application of Conventions and Recommendations”, Report III (Part 1A), para. 109.