A/HRC/7/23/Add.2 page 7 with the principles of international law. The Human Rights Committee, in its general comment No. 23 (1994) on article 27 (Rights of minorities), makes it clear that “the existence of an ethnic, religious or linguistic minority in a given State party does not depend on a decision by that State party but [needs] to be established by objective criteria”. At the same time, minority status is closely tied to how a group defines itself. B. Domestic legislation relevant to minority issues 10. The independent expert notes the extensive legislative framework and institutional mechanisms established to combat racism, discrimination and anti-Semitism in France, which provide a strong legal foundation for the protection of the right to non-discrimination of persons belonging to minority groups. While space precludes a full analysis of relevant legislation and institutions, she highlights a number of developments which are particularly significant in relation to the protection and promotion of the rights of minorities. 11. The core of France’s anti-discrimination regime is found in the Criminal Code and the Labour Code. French law has been interpreted as prohibiting the Government from collecting information about the racial or ethnic background of its citizens. The independent expert welcomes the additional provisions of Act No. 2004-1486 of 30 December 2004, inspired by European Union anti-discrimination directives. This Act prohibits discrimination “on the grounds of origin, gender, family/marital status, physical appearance, surname, state of health, disability, genetic characteristics, lifestyle, sexual orientation, age, political opinions, religious beliefs, union activities, and real or supposed membership or non-membership of an ethnic group, nation or race”. Under the provisions of this Act, the Independent High Authority for Equality and Against Discrimination (Haute Autorité de Lutte contre les Discriminations et pour l’Egalité, HALDE) was established as an independent statutory authority, competent to deal with all forms of discrimination, whether direct or indirect, prohibited by law or by an international commitment ratified by France. 12. Article 19 of the Act relating to discrimination on the grounds of ethnic origin and incorporating into domestic law Council directive No. 2000/43/EC of 29 June 2000 is significant in that, upon presentation of evidence of direct or indirect discrimination by a complainant and a finding that a prima facie case exists, it shifts the burden of proof on to the defendant to prove that the challenged action or measure was justified by facts unrelated to any type of discrimination. Previously, a serious obstacle to the prosecution of discrimination cases was that the burden of proof lay solely with the plaintiff. However, the concept of indirect discrimination is applied only in matters of employment and housing. 13. HALDE is composed of an 11-member Council. It receives complaints from victims, members of Parliament and NGOs and determines the action to be taken on claims and issues recommendations. It has powers to mediate or refer discrimination cases for prosecution; conducts studies; and promotes non-discrimination programmes and activities. HALDE can intervene directly in court cases and can propose a settlement involving the payment of a fine. Unfortunately, it lacks enforcement powers with respect to non-payment of fines but can use publicity to “shame” parties failing to comply. In 2006, over 35 per cent of the 4,058 claims received were on the grounds of discrimination on the basis of “origin”, indicating the victim is a