PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
e. Build across society awareness, knowledge, valuing of and respect for equality, diversity, equal
treatment legislation, non-discrimination and mutual understanding.
f.
Build, among groups experiencing discrimination and intolerance, knowledge about the rights
and remedies established under the equal treatment legislation, capacity to exercise these rights,
and trust in the equality bodies.
g. Develop standards and provide information, advice, guidance and support to individuals and
institutions in the public and private sectors on good practice for promoting and achieving
equality and preventing discrimination and intolerance.
h. Promote and support the use of positive action to remedy inequality in the public and private
sectors.
i.
Support the implementation of the general duty on all authorities to promote equality and prevent
discrimination in carrying out their functions …, establish standards for its implementation
and, where appropriate, enforce them.
j.
Take part in the consultation procedures for new policy, legislation and executive acts, monitor
existing policy, legislation and executive acts and make recommendations for the modification
or introduction of policy, legislation or executive acts.
k. Promote and contribute to the training of key groups in relation to equality and non-discrimination.
l.
Monitor the implementation of their recommendations.
m. Track decisions made by courts and other decision-making bodies.
n. Promote and support the ratification of relevant international treaties and the implementation
and dissemination of such treaties and of the relevant standards, case law and reports emanating
from intergovernmental organisations; take part in the proceedings of and with relevant
intergovernmental organizations, take their recommendations into account and monitor their
implementation.
o. Cooperate with and support organisations with similar objectives to those of the equality body.
Develop shared understanding on key issues in relation to equality and conclude cooperation
agreements with such organisations.767
As set out in chapter V of part two and chapter II of part six of the present guide, many of these competences
are directly linked to States’ proactive equality and implementation obligations.768 The Special Rapporteur on
contemporary forms of racism, racial discrimination, xenophobia and related intolerance has stressed the crucial
role equality bodies may play in this respect: awareness-raising and sensitizing rights holders;769 and gathering
and publishing monitoring data and statistics, which may support the development and implementation of
policies and help evidence patterns of discrimination capable of giving rise to an inference of discrimination in
concrete cases.770 To ensure that equality bodies can fulfil their promotion and prevention mandate effectively,
it is important that barriers to data collection be identified and addressed, and the existence, availability and
work of equality bodies be well publicized among potential users.771
To ensure their effectiveness, the European Commission against Racism and Intolerance concludes that equality
bodies should have “powers to obtain evidence and information”.772 This should include powers to: (a)
“require the production of files, documents and other material for inspection, examination and making
copies thereof”; (b) “conduct on-site inspections”; (c) “question persons”; and (d) “apply for an enforceable
110
767
Ibid.
768
In particular, relating to the development of equality policies and strategies; awareness-raising, education and training on equality;
monitoring of equality and non-discrimination; and consultation.
769
A/71/301, paras. 30–34.
770
Ibid., paras. 35–37.
771
Ibid., paras. 12 and 48–52.
772
Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, para. 21.