Anti-discrimination instruments should be regularly monitored and assessed for
effectiveness. They also need to be co-ordinated – among each other as well as
with other instruments – to be consistent and effective.
No anti-discrimination policy can be effectively implemented if it is not complemented
by adequate legal remedies in case of discrimination. Criminal, administrative and civil
sanctions need to be effective, proportional and sufficiently severe to be dissuasive.
In addition to compensation, non-monetary forms of reparation, such as publishing
all or part of a court decision or obliging the discriminator to do some relevant social
work, may also be important in rendering justice in cases of discrimination.
Discrimination may take place not only on the basis of one aspect of an individual’s
identity, but on several grounds, as is the case for multiple or intersectional
discrimination. For example, women of minority backgrounds may be more
vulnerable to discrimination. Policies should be designed to ensure that such
discrimination also is covered by legislation and receives adequate attention.
31. Policies that include special measures to combat the effects of past or
systematic discrimination of a particular group should not be considered
discriminatory. The possibility to adopt such measures should be foreseen
in law.
It might be necessary to adopt special measures to combat the effects of past
or systematic discrimination of particular groups and to ensure full and effective
equality for members of minorities who are in a disadvantaged position.70 According
to international human rights standards, such measures should only remain in force
until the inequality has been redressed.71 When adopted in conformity with the
proportionality principle, such measures shall not be considered discriminatory.
The possibility and, when required, the necessity to adopt such measures should
be explicitly laid down in law, including, where appropriate, in the constitution. This
not only ensures consistency to the provision, but also guides judges in interpreting
equality provisions in line with generally recognized international non-discrimination
standards.
70
71
Also see Guideline 3.
ICERD, article 1.4, and General Recommendation no. 32; CCPR General Comment no. 18: Nondiscrimination: 10 November 1989 and UN Committee on Economic, Social and Cultural Rights, General
comment no. 20.
Guidelines on Integration of Diverse Societies
39