EXECUTIVE SUMMARY C. Equality duties 1. Accessibility States have an obligation to ensure access, on an equal basis with others, to the physical environment, transportation, information and communication, and facilities and services. Accessibility is a proactive, systemic duty. It is an ex ante duty, which exists irrespective of an individual request for access; it is an unconditional duty, in that failure to comply cannot be excused by reference to the burden on the provider. Anti-discrimination laws should establish duties on both State and private actors to identify and remove barriers that prevent equality of access. They should also establish a duty on the State to develop, promulgate and monitor the implementation of minimum standards and guidelines for accessibility. Failure to comply with accessibility standards is a form of discrimination that should be prohibited under comprehensive antidiscrimination legislation. 2. Statutory equality duties Comprehensive anti-discrimination legislation should provide for the establishment of statutory equality duties, which offer an effective and necessary means to operationalize the rights to equality and non-discrimination and ensure their integration in the systems and work of public authorities and other duty bearers. Equality duties include: preventive duties, which seek to avert acts of discrimination before they occur; institutional duties, which seek to advance equality in the work and operations of public and private sector organizations; and mainstreaming duties, which seek to integrate and centralize equality goals in the processes of public decision-making. A combination of these approaches is required in order to be effective. D. Effective remedy Anti-discrimination laws should provide for effective remedy from discrimination. Remedy includes, but is not limited to: sanctions for those found responsible for discrimination; reparations, including recognition, compensation and restitution for victims of discrimination; and institutional and societal measures designed to address the social causes and consequences of discrimination. Anti-discrimination laws should provide for sanctions for discrimination that are effective, dissuasive and proportionate. They should also provide for recognition and reparation for victims of discrimination, including in the form of compensation, restitution and rehabilitation. Reparations should be victim-focused and equality-sensitive. Anti-discrimination laws should empower courts and bodies with responsibility for determining cases of discrimination to order such institutional or societal measures as appropriate to correct, deter and prevent discrimination and to ensure non-repetition. In situations in which national law specifies types of remedies for victims of discrimination, such lists of possible remedies should not be exhaustive; courts and other adjudicating bodies should have discretion to fashion remedies appropriate to the harm at issue in any particular case. E. Enforcement and access to justice Comprehensive anti-discrimination law must ensure effective access to justice for those who experience discrimination. Effective access to justice consists of justiciability, availability, accessibility, quality and accountability. To meet these requirements, States must establish and maintain well-resourced, independent and impartial enforcement bodies to deal with complaints of discrimination throughout their territories, including in rural areas. Such bodies may include both judicial and administrative mechanisms, including equality bodies. These bodies should be provided with adequate enforcement powers to provide effective remedy in situations in which discrimination is found to have occurred. Such bodies must be of good quality and accountable, responsive to the views, situations and needs of persons and groups exposed to discrimination, and participatory. xv