PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW IV. EQUALITY BODIES SUMMARY • Anti-discrimination law should provide for the establishment of specialized equality bodies. PART TWO – IV • Equality bodies should be independent and insulated from the risk of interference by political and other actors. • Equality bodies should possess the necessary resources, staff and experience to fully implement their mandates. • Equality bodies should be gender-balanced, reflective of the diversity of society and inclusive of those persons and groups that are marginalized in society. The appointments process should be transparent and provide for public involvement. • Equality bodies should be given the appropriate functions and powers to effectively discharge their mandates. • Equality bodies should be properly mandated and empowered to fulfil the following functions: – To promote equality and prevent discrimination. – To provide support to persons exposed to discrimination and intolerance and to pursue litigation on their behalf. • Equality bodies may also be mandated to consider complaints of discrimination and make decisions and determinations. In situations in which equality bodies have decision-making authority, they should be properly empowered to ensure effective access to justice and to provide both remedy and sanction. • Equality bodies should be required to report publicly on their work on a periodic basis and in media that are accessible to all. States should support the work of equality bodies and take measures to ensure their effectiveness. Recent decades have witnessed an increasing global trend for the creation of independent, specialized equality bodies. Equality bodies are public authorities established to support the enforcement and implementation of anti-discrimination law. These bodies share an essential function in promoting the right to non-discrimination and protecting individuals from harm. In many jurisdictions, equality bodies also play an important role in addressing structural inequalities: supporting the adoption of positive action measures and the implementation of statutory equality duties. The need for equality bodies thus emanates directly from States’ obligations to respect, protect and fulfil the rights to equality and non-discrimination.705 A specific obligation to establish equality bodies has also been identified by the treaty bodies. Through the discharge of their equality mandate, national equality bodies play an essential role in working to identify and eliminate discriminatory practices, and are often responsible for coordinating the delivery of implementation measures, in accordance with States’ broader equality and non-discrimination obligations. In some jurisdictions, equality bodies also possess a direct enforcement function, receiving and deciding upon individual complaints of discrimination. As discussed in further detail in this section, consensus on the necessary institutional requirements for equality bodies has emerged in international law. States have been allowed comparatively more freedom to determine the mandate, functions and powers of such bodies; however, to meet their international law obligations, institutions established under national law must be both independent and effective. In situations in which equality bodies have been afforded the necessary institutional guarantees to ensure their effective operation and provided with the functions and powers needed to successfully discharge their mandates, these bodies have proven instrumental in tackling discrimination and eliminating inequalities in accordance with States’ international law obligations. 705 For further discussion of these obligations, see section I.B of part one of the present guide. 101