PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation A. Equality bodies and international law With one exception, none of the core United Nations human rights instruments include an explicit obligation to establish independent equality bodies, and the term “equality body” is used infrequently at the international level. However, in the interpretation of their respective Conventions, the treaty bodies have referred variously to the need for “national commissions”, “appropriate bodies”, “independent monitoring institutions” and “independent mechanisms”, thus demonstrating a specific obligation to establish equality bodies.706 In their recent concluding observations, the Human Rights Committee and the Committee on Economic, Social and Cultural Rights have each recommended the establishment of independent mechanisms and institutions designed to address forms of discrimination;707 and have commented on the core requirements of such bodies in situations in which they have been established.708 The Committee on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women have noted that States should establish such bodies as an aspect of the obligation to ensure effective protection and fulfilment of the right to nondiscrimination. Thus, in its general recommendation No. 17 (1993), the Committee on the Elimination of Racial Discrimination “recommends that States parties establish national commissions or other appropriate bodies … to promote respect for human rights without any discrimination”.709 In its general recommendation No. 28 (2010), the Committee on the Elimination of Discrimination against Women noted that States should “ensure that independent monitoring institutions, such as national human rights institutes or independent women’s commissions, are established or that existing national institutes receive a mandate to promote and protect the rights guaranteed under the Convention”.710 The Convention on the Rights of Persons with Disabilities makes the obligation to establish independent mechanisms, such as equality bodies, explicit. Under article 33 (2) of the Convention, States are required, “in accordance with their legal and administrative systems”, to “maintain, strengthen, designate or establish within the State Party, a framework, including one or more independent mechanisms, as appropriate, to promote, protect and monitor implementation of the present Convention”.711 The establishment of equality bodies has also increasingly formed a part of the recommendations of special procedure mandate holders.712 Thus, for instance, the Independent Expert on the enjoyment of all human rights by older persons has recommended that States establish “an independent national equality body to monitor and report on discrimination issues … promote equality and deal with complaints of discrimination in an expeditious manner”.713 The Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance has also recently explored the role of equality bodies in addressing racial discrimination as part of the thematic mandate.714 While international law provides significant discretion to States on the form, structure and mandate of equality bodies, good practice has developed at the regional level, particularly in Europe. Since 2000, European Union law has placed a legal requirement on European Union member States and candidate countries to create 102 706 Committee on the Elimination of Racial Discrimination, general recommendation No. 17 (1993), para. 1; Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 28; Convention on the Rights of Persons with Disabilities, art. 33 (2); and Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 40. 707 For instance, in its recent concluding observations, the Committee on Economic, Social and Cultural Rights has recommended the establishment of “institutional mechanisms” to combat discrimination against Roma, and the designation of a body in Belgium “responsible for addressing complaints of language discrimination”. In its concluding observations on Tunisia, the Human Rights Committee called for the establishment of a “national commission to combat racial discrimination”; while in its concluding observations on Greece, the Committee recommended the adoption of an “independent monitoring and reporting system” to ensure the right to nondiscrimination for persons with disabilities. See, respectively, E/C.12/UKR/CO/7, para. 15 (b); E/C.12/BEL/CO/5, para. 19; CCPR/C/TUN/CO/6, para. 18 (b); and CCPR/C/GRC/CO/2, para. 10. 708 See, for instance, E/C.12/BGR/CO/6, para. 5; and CCPR/C/MDA/CO/3, paras. 7–8. 709 Committee on the Elimination of Racial Discrimination, general recommendation No. 17 (1993), para. 1. 710 Committee on the Elimination of Discrimination against Women, general recommendation No. 28 (2010), para. 28. 711 Convention on the Rights of Persons with Disabilities, art. 33 (2). 712 See, for instance, A/HRC/42/43/Add.2, para. 93; A/HRC/36/48/Add.2, para. 87; A/HRC/30/56/Add.1, para. 111; and A/71/301, para. 15. 713 A/HRC/42/43/Add.2, para. 93. 714 A/71/301, para. 78.