EXECUTIVE SUMMARY
The purpose of the present guide is to provide Governments, legislators, civil society actors and others acting
in the public interest with authoritative guidance on the development of comprehensive anti-discrimination
legislation consistent with international legal standards on the rights to equality and non-discrimination. The
guide examines the development, interpretation and implementation of these international standards in detail,
before setting out the key principles that must be codified into law to ensure compliance with international
law. These key principles are set out in this executive summary.
The standards presented in this executive summary reflect the necessary content of anti-discrimination
legislation if it is to be comprehensive and effective in eliminating all forms of discrimination and realizing
equality and thus allow States to meet their core international law obligations to respect, protect and fulfil the
rights to equality and non-discrimination. The elements of law presented here are derived from international
human rights law, as examined in detail in the substantive chapters of the guide. As detailed in the research
methodology, in addition to an exhaustive review of international law in this area, the guide has been prepared
following extensive consultations with a broad range of stakeholders. Throughout the guide, alongside
discussion of relevant international standards, examples are provided of how legislators around the world
have transposed the requirements of international law into the domestic legal order. In addition, the guide
includes detailed explanations of the key legal concepts and case studies and examples to demonstrate their
operation in practice.
While the complete guide includes detailed discussion of the development, interpretation and application of
international legal standards, this executive summary simply sets out key principles that must be codified into
national law to comply with these standards. Thus, in addition to summarizing the content of the publication,
this summary functions as a stand-alone toolkit for those engaged in the development of comprehensive antidiscrimination legislation. In many cases, adherence to international standards in this area of law requires
States to establish rules, procedures or institutions, but allows discretion in how these are reflected in domestic
law. In other cases, States are required to adopt specific definitions that are provided in instruments of
international law, including the treaties themselves and their interpretation by competent bodies. In these
latter cases, the relevant definition is presented in a textbox in order that legislators and civil society groups
involved in developing laws may incorporate them directly into draft legislation to ensure its consistency with
international human rights standards. In other cases, the summary provides instruction and guidance on what
the law must provide for.
I. OBLIGATION TO ENACT COMPREHENSIVE
ANTI-DISCRIMINATION LAW
Comprehensive anti-discrimination legislation1 is law adopted with the purpose and effect of eliminating all
forms of discrimination and promoting equality for all.
States must enact comprehensive anti-discrimination legislation in order to meet their obligations under
international human rights law to respect, protect and fulfil the rights to equality and non-discrimination for
all. The adoption of such legislation is also a necessary element in the protection of minority rights, given that
the prohibition of all forms of discrimination and the realization of equality lie at the centre of international
law on the protection of minorities.
Comprehensive anti-discrimination legislation is distinct from specific anti-discrimination laws – those that
prohibit discrimination against a particular group, on a particular ground or in a particular area of life. It is
also distinct from general non-discrimination and equality guarantees in national constitutions or other laws.
1
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“Comprehensive anti-discrimination legislation” and “comprehensive anti-discrimination law” are used interchangeably in the present
guide.