PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW PART TWO – IV In addition to this role, it is clear that equality bodies must themselves be made accessible.760 In its guidance, the European Commission against Racism and Intolerance makes several recommendations in this regard that follow the guidance of the Committee on the Rights of Persons with Disabilities, tailoring it for specific focus as concerns the accessibility of equality bodies. These include recommendations regarding: providing accessible premises, online, email and telephone services, and flexibility in meeting the time constraints of those seeking access to the services of the body; carrying out local outreach initiatives and establishing local and regional offices for conducting the work of the body; being present with groups experiencing discrimination and intolerance at key moments and building sustained links with them; allowing the possibility for persons exposed to discrimination or intolerance to contact and engage with the equality body in a confidential way and in a language in which they are proficient, to have face-to-face contact and to submit complaints orally, online or in written form, with a minimum of admissibility conditions; making adjustments to their premises, services, procedures and practices to take account of all forms of disability; and making use of the Easy Read format in publications, in particular those providing information on rights and remedies, and translating selected publications into all languages commonly used in the country; making the functions and services of the equality body free of charge to complainants and respondents; and taking steps to publicize these provisions for accessibility and to make them available.761 C. Mandates, functions and powers of equality bodies While there is broad consensus that States are required to establish specialized equality bodies and that certain institutional requirements must be met to safeguard their independence and ensure their efficacy, there is no clear consensus at the international level as regards the required functions and powers of such institutions. The Committee on the Rights of Persons with Disabilities has stated that the mandate of equality bodies should be “appropriately and sufficiently broadly defined to encompass the promotion, protection and monitoring of all rights enshrined in the Convention”. 762 The Committee has further indicated that such bodies should be “empowered and entrusted with a wide range of responsibilities”.763 In its consideration of the topic, the Committee on the Elimination of Racial Discrimination has recommended that States establish institutions for the following purposes: (a) To promote respect for human rights without any discrimination …; (b) To review government policy …; (c) To monitor legislative compliance …; (d) To educate the public about the obligations of States parties under the Convention; (e) To assist the Government in the preparation of reports submitted to the Committee on the Elimination of Racial Discrimination.764 Neither the Committee on the Elimination of Racial Discrimination, nor the Committee on the Rights of Persons with Disabilities have further elaborated the required forms, functions, mandates or responsibilities of equality bodies, and it is clear that States possess a significant degree of discretion in this regard. In its guidance, the European Commission against Racism and Intolerance establishes three principal functions that an equality body may support: (a) a promotion and prevention function; (b) a support and litigation function; and (c) a decision-making function.765 Each of these functions is discussed in further detail below. 760 See, for example, Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, para. 40; and Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies, recommendation 1.2.3. 761 Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, para. 40. 762 Guidelines on independent monitoring frameworks and their participation in the work of the Committee on the Rights of Persons with Disabilities, para. 15. 763 Ibid. 764 Committee on the Elimination of Racial Discrimination, general recommendation No. 17 (1993), para. 1. 765 Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, para. 4. See also A/71/301, paras. 25–37; and Commission Recommendation (EU) 2018/951 of 22 June 2018 on standards for equality bodies, recommendation 1.1.2. 107

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