EXECUTIVE SUMMARY States may adopt specific anti-discrimination laws or other laws that seek to identify and address structural barriers to participation for members of particular groups. The adoption of such laws or of general nondiscrimination provisions does not conflict with the obligation to adopt comprehensive laws, but nor does it discharge it: States are required to adopt comprehensive anti-discrimination legislation, irrespective of the adoption of any specific laws or other non-discrimination provisions already in force. In order to ensure the effectiveness of anti-discrimination legislation, States must establish detailed rules, institutions and procedures for the effective enforcement and implementation of the rights to equality and non-discrimination and set out clear duties that apply to all persons, including public authorities and private actors. These provisions may be included in the comprehensive anti-discrimination legislation itself or through amendment to laws in areas such as civil procedure. Comprehensive anti-discrimination legislation usually takes the form of a single law. In a small number of countries, a combination of two or more laws have been adopted that together are comprehensive or nearcomprehensive in their coverage.2 Moreover, even in States with a single law, giving effect to some aspects of States’ obligations may require the adoption of other laws and policies.3 Throughout the guide the terms “comprehensive anti-discrimination law” and “comprehensive anti-discrimination legislation” are used interchangeably. II. CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW To be comprehensive, anti-discrimination legislation must meet a number of criteria. In particular, international human rights law requires that anti-discrimination legislation: • Prohibit all forms and manifestations of discrimination on the basis of an extensive and open-ended list of grounds and in all areas of life regulated by law. • Provide explicit definitions of all forms of discrimination that are consistent with the definitions recognized under international human rights law. • Explicitly permit, require and provide for the adoption of positive action measures designed to make progress towards the realization of equality for persons and groups that experience or are exposed to discrimination and disadvantage. • Operationalize the rights to equality and non-discrimination within the public and private spheres by ensuring accessibility and establishing equality duties. • Provide for: effective remedy, including sanctions that are effective, dissuasive and proportionate; recognition, compensation and restitution for survivors; and relevant institutional and societal remedies. • Establish the necessary procedural safeguards and adjustments to ensure access to justice, including, but not limited to, provision for the shifting of the burden of proof after a prima facie case of discrimination has been made by a complainant and provision for the prohibition of victimization. • Provide for the establishment of an independent, specialized equality body with sufficient resources, functions and powers to ensure its effectiveness. • Mandate the adoption of other implementation measures necessary to address structural discrimination and make progress towards equality. This should include the use of equality impact assessment in all aspects of public law and policy to identify and avert any discriminatory policy impacts before they occur and to assess and ensure the necessary impacts on realizing equality. 2 For example, in South Africa, the Promotion of Equality and Prevention of Unfair Discrimination Act, 2000, does not apply in the area of employment. This area is regulated by the Employment Equity Act, 1998, which establishes complementary equality and nondiscrimination guarantees. In Finland, the Non-Discrimination Act, 2014, does not expressly list “gender” as a ground of discrimination. However, according to section 3 (1) of the Act, provisions on the prohibition of discrimination based on gender and the promotion of gender equality are governed by the Act on Equality between Women and Men, 1986. 3 For instance, procedural rules regulating the burden of proof in discrimination cases may be included within codes of civil procedure or regulations governing evidence. xi