INTRODUCTION approach, which extends beyond the prohibition of discrimination, and includes the adoption of a wide range of other proactive measures. A fifth key area concerns the role of the law in addressing the social forces – prejudice, stereotypes and stigma – that underpin and drive many manifestations of discrimination. On the one hand, international law has always recognized that discrimination can be both intentional and unintentional. Accordingly, definitions of discrimination focus on the causal link between a person’s characteristic(s) and the harm that they have experienced, rather than on assessing the motivation of the discriminating party. On the other hand, international law recognizes obligations on the State to address the root causes of discrimination, through obligations to take measures to combat prejudice, stereotypes, stigma and other social or cultural practices and patterns of behaviour that undermine equality. As in other areas, while these obligations are recognized in the earliest human rights instruments, in recent years, the international human rights system has paid increasing attention to the role of prejudice, stereotypes and stigma, and has developed clear standards for States. Ultimately, there is increasing recognition that international human rights law requires the positive: the celebration of diversity. Each of these developments reflects growing awareness of the full range of ways in which discrimination occurs and increasing understanding of how different forms of discrimination cause and compound inequality. Each reflects a recognition that protecting and fulfilling the right to non-discrimination requires the codification of legal concepts and definitions, procedures and rules, rights and obligations, in ways that necessitate specific legislation. As a result, in the decades since the millennium, a growing and accelerating consensus has emerged that States can only fully and effectively eliminate all forms of discrimination through the adoption, enforcement and implementation of comprehensive anti-discrimination laws. Minority rights and the prohibition of discrimination The right to non-discrimination is central to the enjoyment of minority rights and, as such, the enactment of comprehensive anti-discrimination legislation5 is an essential step in their realization. In its most recent resolution on the rights of persons belonging to national or ethnic, religious and linguistic minorities, the Human Rights Council asserted, inter alia: the need to strengthen efforts to meet the goal of the full realization of the rights of persons belonging to national or ethnic, religious and linguistic minorities, including by addressing their economic and social conditions and marginalization, and to end any type of discrimination against them, … Emphasizing the importance of recognizing and addressing multiple, aggravated and intersecting forms of discrimination against persons belonging to national or ethnic, religious and linguistic minorities and the compounded negative impact on the enjoyment of their rights.6 The right to non-discrimination sits at the heart of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992). The United Nations human rights treaty bodies have consistently called upon States to guarantee minorities the full enjoyment of all human rights without discrimination, while in the universal periodic review and other mechanisms, States have consistently urged their peers to strengthen minority rights and minority inclusion. Speaking at the forty-third session of the Human Rights Council, the Government of Austria – the sponsor of the Human Rights Council minorities mandate – placed the right to non-discrimination at the centre of the protection of minorities. These statements all reflect the fact that ethnic, religious and linguistic minorities frequently experience discrimination in areas of life ranging from access to education to participation in public life, and from employment to housing and health care. There are various elements of minority rights that have historically 5 Throughout the guide, the terms “comprehensive anti-discrimination legislation” and “comprehensive anti-discrimination law” are used interchangeably. 6 Human Rights Council resolution 43/8, eighth and tenth preambular paragraphs. xxiii