PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW PART TWO – II In 2004, the Constitutional Court of Colombia delivered a historic judgment protecting the rights of people subjected to forced displacement.625 Having delivered 17 previous judgments addressing individual and general issues concerning the precarious situation of persons subjected to forced displacement, the Court, in its 2004 judgment, declared an unconstitutional state of affairs ordering the State to adopt a public policy to overcome the situation, acknowledging the violation of several human rights including the right to non-discrimination. Moreover, the Court established that it would retain jurisdiction to hear reports from the Government on compliance with the order, through annual public hearings. 2. Societal remedies Societal remedies are those remedies that are directed to: address the root causes of discrimination though enforcement of measures designed to challenge prejudice, stereotypes and stigma; challenge public prejudice or deter future discrimination by exposing the discriminatory policy of a perpetrator’s actions; or build understanding and solidarity with minorities and other potential victims and victim groups. Such remedies include, for example, an order of public apology or other form of public memorialization or establishment in the public record. The aforementioned Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law provide a non-exhaustive list of such measures, which include: “verification of the facts and full and public disclosure of the truth”; “an official declaration or a judicial decision restoring the dignity, the reputation and the rights of the victim and of persons closely connected with the victim”; “public apology, including acknowledgement of the facts and acceptance of responsibility”; and “commemorations and tributes to the victims”.626 SOCIETAL REMEDIES IN HUNGARY In 2003, the National Radio and Television Board of Hungary ruled that the television station TV2 had gravely violated the equal dignity of Roma in Hungary when, on 30 March, 2003, it aired My Big Fat Gypsy Wedding, a satire based on the 2002 film My Big Fat Greek Wedding. The TV2 programme depicted Roma not attending school, stealing cars, fighting and expressing pride in their ignorance. The Minister of Education at the time, Bálint Magyar, expressed the opinion that the programme “played on latent anti-Roma feelings in Hungary”. As a result of the ruling, TV2 was obliged to suspend its broadcasting for half an hour during a prime time evening broadcast and instead show a summary of the ruling. TV2 management declined to appeal the ruling and, in addition to implementing the formal sanction, TV2 broadcast a debate both before and after the 30-minute suspension of broadcasting about the situation of Roma in Hungary.627 A second strand of societal remedies are those that have an institutional and social character – specifically those requiring public authorities to amend or repeal discriminatory laws, policies and practices and to implement positive action programmes. In South Africa, for example, equality courts are empowered to issue “an order for the implementation of special measures to address … discrimination, hate speech or harassment”.628 As this latter class of remedy illustrates, there are clear links between societal remedies and States’ positive action obligations. However, as discussed in section I.B of this part, it is important to distinguish the two: on the one hand, courts may order positive action as a remedy in a specific case; and, on the other hand, States have an immediate obligation to implement positive action in situations in which substantive inequalities exist, which does not require a finding of discrimination. Similarly, institutional and societal remedies overlap, 625 Constitutional Court of Colombia, Judgment T-025, 2004. Available at www.corteconstitucional.gov.co/relatoria/2004/t-025-04.htm. 626 Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, para. 22 (b)–(e) and (g). 627 European Roma Rights Centre, “Hungarian Television station sanctioned for broadcasting a defamatory program”, 29 October 2003. Available at www.errc.org/roma-rights-journal/hungarian-television-station-sanctioned-for-broadcasting-a-defamatory-program. 628 South Africa, Promotion of Equality and Prevention of Unfair Discrimination Act, sect. 21 (2) (h). 83