PART SIX: PROMOTING DIVERSITY AND EQUALITY: OBLIGATIONS TO ADDRESS THE ROOT CAUSES OF DISCRIMINATION
and requirements – within legislation – to combat prejudice and stigma and to counter stereotypes. These
general requirements should be complemented by specific duties in the areas of public participation and
representation, education, media, training and sensitization.
These obligations should be integrated into and reflected within all other areas of the law establishing
duties on State actors. Positive action programmes have an important role to play in tackling prejudice and
stereotypes, in particular by enabling rapid progress towards equal representation in areas of public life. Legal
provisions detailing positive action obligations should include explicit requirements to address the drivers of
discrimination. Statutory equality duties should incorporate duties to identify the root causes and drivers of
discrimination and to take effective action to address them, together with general duties to promote equal and
diverse representation. Equality impact assessment should incorporate specific requirements to identify and
eliminate the impacts of laws and policies that serve to engender, entrench or exacerbate prejudice, stereotypes
or stigma.
Elements of anti-discrimination laws focused on institutions should also integrate obligations to tackle
prejudice, stereotypes and stigma. Enforcement bodies – whether courts or equality bodies – should be
empowered to order societal remedies such as public apologies and memorials and institutional remedies
such as training programmes. Equality bodies should have both a mandate and power to promote equality
and non-discrimination and to counter social forces that undermine them. This should include specific powers
to carry out educational, awareness-raising, training and sensitization programmes.
Crucially, in addition to establishing duties and obligations to address prejudice, stereotypes and stigma, antidiscrimination laws should provide for enforcement action in situations in which the State fails to discharge
such duties and to take measures that are appropriate, proportionate and effective. While States’ obligations
in this area are proactive and should not arise only as a response or remedy to a complaint, the possibility of
enforcement is key to ensuring the effectiveness of these duties.
III. CONCLUSION: PROMOTING EQUALITY AND
DIVERSITY
States’ international treaty obligations commit them not simply to prohibiting discrimination in law, but to
eliminating it in fact. Taking positive, proactive measures to tackle the root causes and drivers of discrimination
are essential, indispensable elements of this obligation. This in turn requires a comprehensive programme of
action, required and underpinned by enforceable duties and obligations within anti-discrimination laws, as
detailed above.
PART SIX
Yet, 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.
The focus should be not only on countering negative social forces, but on actively promoting equal, diverse
and inclusive societies. Efforts should be made to promote understanding between people and groups with
different characteristics, statuses and beliefs and to demonstrate how more equal and diverse economies and
societies benefit all.
Indeed, this speaks to a more fundamental truth. Inevitably, the present guide has focused in large part on
negative proscriptions – on States’ obligations to prohibit, prevent and enforce. These measures are absolutely
necessary and essential if States are to fulfil their obligations to respect, protect and fulfil the rights to nondiscrimination. However, the adoption of such laws represents not an end but a beginning.
Ultimately, States will only realize the rights to equality and non-discrimination by adopting comprehensive
anti-discrimination laws and using these laws as a platform, or foundation, for a system-wide effort to promote
an equal, diverse and inclusive society.
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