PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW Similar guidance is provided at the European level. In its recommendation from 2018, the European Commission calls on States to ensure the effective resourcing of equality bodies, noting that: “Resources can only be considered adequate if they allow equality bodies to carry out each of their equality functions effectively, within reasonable time and within the deadlines established by national law.”736 PART TWO – IV Paragraph 2 of general policy recommendation No. 2 of the European Commission against Racism and Intolerance provides that equality bodies should “have the necessary competences, powers and resources to make a real impact”, both in terms of carrying out policy functions, as well as in assistance to victims and undertaking measures to combat systemic discrimination.737 It goes on to suggest several measures designed to ensure that equality bodies have the resources necessary to execute their mandates.738 These include the provision of “sufficient staff and funds”, the establishment of an independent budget and introduction of legal controls to ensure that this budget is protected (including against any possible reduction by the executive), monitored and expanded when required to meet the needs of the equality body.739 3. Inclusion, participation and ensuring diversity To be effective, specialized equality bodies should reflect the diversity of society and include those persons and groups that are marginalized therein. International human rights treaty law requires the inclusion of minorities in structures established to monitor its implementation, as well as adequate gender balance.740 The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities sets out, in article 2, that “persons belonging to minorities have the right to participate effectively in cultural, religious, social, economic and public life”741 and that “persons belonging to minorities have the right to participate effectively in decisions on the national and, where appropriate, regional level”. The Committee on Economic, Social and Cultural Rights has articulated the right of public participation in decision-making processes by “individuals and groups of individuals, who may be distinguished by one or more of the prohibited grounds”.742 In its guidance, the European Commission against Racism and Intolerance recommends that: “The leadership, advisory bodies, senior management, and staff of equality bodies should, as far as possible, reflect the diversity of society at large and be gender balanced.”743 Analogously, when submitting applications for so-called A status accreditation as a national human rights institution, such institutions are expected to demonstrate that their founding law “requires a diverse composition of members; … representation of women; representation of ethnic or minority groups (e.g. indigenous, religious minorities, etc); [and] representation of particular groups (e.g. people with a disability, etc)”.744 These rules are directly applicable to both national human rights institutions and equality bodies.745 Equality bodies should seek the direct participation of persons and groups exposed to discrimination and engage with civil society organizations and human rights defenders, including those representing women, minority groups or other groups.746 The Committee on the Rights of Persons with Disabilities has made this point in its guidance, noting that independent mechanisms established under article 33 (2) of the Convention “should ensure the full involvement and participation of persons with disabilities and their representative 736 Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies, recommendation 1.2.2 (1). 737 Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, para. 2. 738 Ibid., para. 28. 739 Ibid. See also Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies, recommendation 1.2.2. 740 For example, article 18 (2) of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment sets out that, in establishing national preventive mechanisms against torture, States shall “strive for a gender balance and the adequate representation of ethnic and minority groups in the country”. 741 See also Beirut Declaration and its 18 Commitments on Faith for Rights (A/HRC/40/58, annexes I and II), commitment VI. 742 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 36. 743 Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, para. 38. 744 Template of the Statement of Compliance with the Paris Principles, sect. 3.1 (footnote omitted). 745 See, for instance, Committee on the Elimination of Discrimination against Women, general recommendation No. 33 (2015), paras. 54 and 60 (a). 746 See discussion of the importance of participation and engagement in respect of States’ implementation obligations in section V.D of part two of the present guide. 105