PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
B. Diversity and equal representation
Beyond specific obligations to promote equal participation in public and political life, the treaty bodies are
increasingly attentive to States’ obligations to promote diversity and equal representation in institutions. While
such matters evidently intersect with obligations to eliminate directly and indirectly discriminatory barriers
to participation and positive action obligations, they also have an important role to play in shaping public
understanding, by countering stereotypes and prejudice.
To take one example, in its general recommendation No. 36 (2000), the Committee on the Elimination of
Racial Discrimination recently recommended that:
States should ensure that law enforcement agencies develop recruitment, retention and advancement
strategies that promote a diverse workforce that reflects the composition of the populations they
serve. This could include setting internal quotas and developing a recruitment programme for ethnic
minorities. This has the potential to influence the culture of agencies and the attitudes of staff with
a view to produce less biased decision-making.
… States should ensure that law enforcement agencies regularly evaluate recruitment and promotion
policies and, if necessary, undertake temporary special measures to effectively address the
underrepresentation of various national or ethnic minority groups origin and of groups experiencing
intersecting forms of discrimination based on, inter alia, religion, sex and gender, sexual orientation,
disability and age.1250
C. Education
One central element of the obligation to address negative social norms and promote equality is the duty
to challenge prejudice, stigma and stereotypes and promote diversity and equality through education. This
obligation intersects with the right to education, as guaranteed in the majority of the core international human
rights treaties.
Article 13 (1) of the International Covenant on Economic, Social and Cultural Rights provides that “education
… shall strengthen the respect for human rights and fundamental freedoms [and] … enable all persons to
participate effectively in a free society, promote understanding, tolerance and friendship among all nations and
all racial, ethnic or religious groups”. The Committee on Economic, Social and Cultural Rights has set out
that: “Teaching on the principles of equality and non-discrimination should be integrated in formal and nonformal inclusive and multicultural education, with a view to dismantling notions of superiority or inferiority
based on prohibited grounds and to promote dialogue and tolerance between different groups in society.”1251
Article 7 of the International Convention on the Elimination of All Forms of Racial Discrimination establishes
an immediate obligation on States to adopt “immediate and effective measures” in fields including teaching
and education to combat prejudices that lead to racial discrimination and to promote understanding and
tolerance. The Convention on the Rights of Persons with Disabilities sets out an expansive positive obligation,
stating that education shall be directed to the “full development of human potential and sense of dignity and
self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity”.1252
Article 10 (c) of the Convention on the Elimination of All Forms of Discrimination against Women requires
that States ensure the “elimination of any stereotyped concept of the roles of men and women at all levels and
in all forms of education”, including through the revision of textbooks and school programmes, and adaptation
of teaching methods. Article 5 (b) requires that States ensure that family education includes “recognition of
the common responsibility of men and women in the upbringing and development of their children”. The
Committee on the Elimination of Discrimination against Women has noted separately that States have an
obligation arising under article 2 (e) to “promote education and support for the goals of the Convention
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1250
Committee on the Elimination of Racial Discrimination, general recommendation No. 36 (2020), paras. 46–47.
1251
Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 38.
1252
Convention on the Rights of Persons with Disabilities, art. 24 (1) (a).