PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
However, the law alone will be ineffective without sufficient commitment and engagement to open the polity
to all, with equal dignity, in a manner that fosters human understanding, solidarity and respect for difference.
States must take action across the full range of law, policy, programming and expenditure. These actions should
be required by and enforceable under anti-discrimination law, but legislation will only provide the framework.
Thus, these proactive obligations exist both within and without anti-discrimination law. The obligation to
take these measures exists in parallel to the obligation to adopt, enforce and implement legislation – it is an
immediate obligation that is not subsumed within or fulfilled by the obligation to legislate, but sits alongside
it. Comprehensive anti-discrimination laws can and should require and provide for the adoption of proactive
measures to combat prejudice, stigma and stereotypes and to promote diversity. These laws should establish
equality impact assessment, equality duties and equality bodies, through which such measures can be identified,
designed and implemented. Anti-discrimination laws should also ensure the enforceability of these obligations,
enabling legal challenges against the State for failing to implement appropriate, timely and effective measures
to address stereotypes, prejudice and stigma.
However, passing legislation that mandates and regulates proactive measures is insufficient: these obligations
can only be discharged by a comprehensive programme of policy, funding and practice. While comprehensive
anti-discrimination laws should require the development of such proactive measures, States will only fulfil
their obligations by taking concrete action.
I. INTERNATIONAL LAW OBLIGATIONS TO ADDRESS
PREJUDICE, STEREOTYPES AND STIGMA
SUMMARY
• International law establishes explicit proactive obligations on States to address prejudice, stereotypes
and stigma. Specific measures recommended include:
– The empowerment and participation of rights holders.
– Measures to promote diversity and equal representation in institutions.
– Measures to challenge prejudice, stereotypes and stigma and to promote diversity, inclusion and
equality through education.
– Informing public perceptions through the media, both mainstream media and social media, and
wider awareness-raising efforts.
– Training individuals, including public officials, and groups in all areas of life in equality and nondiscrimination law and principles, as well as in the situation and experiences of rights holders.
• In addition, if States are to fulfil their obligations and honour their commitments to eliminating
discrimination and ensuring equality of participation, their efforts should rise above combating
prejudice, stereotypes and stigma. Efforts should be made to promote understanding among persons
and groups with different characteristics, statuses and beliefs and to demonstrate how more equal and
diverse economies and societies benefit all.
The International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on
the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons
with Disabilities establish explicit proactive obligations on States to address prejudice, stereotypes and stigma.
Article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination requires
States to adopt “immediate and effective measures, particularly in the fields of teaching, education, culture
and information, with a view to combating prejudices which lead to racial discrimination and to promoting
understanding, tolerance and friendship”. Article 2 (1) (e) creates a narrower, more specific obligation: States
undertake to “encourage, where appropriate, integrationist multiracial organizations and movements and
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