INTRODUCTION I. METHODOLOGY, SCOPE AND LIMITATIONS The present guide was developed through a partnership between the Office of the United Nations High Commissioner for Human Rights (OHCHR), the institutional expression of a global commitment to human rights, and the Equal Rights Trust, the leading international civil society organization supporting those working to secure the adoption and implementation of equality laws. Together, the partners brought extensive knowledge and expertise on international standards on equality and non-discrimination and experience in the development and adoption of anti-discrimination laws. At the same time, the partnership allowed for engagement with an extensive array of State and non-State actors, experts and activists with experience in this area of law, from across the globe. The creation of the guide involved research into international legal standards on the rights to equality and nondiscrimination and equality, combined with broad consultation with both Governments and non-governmental organizations to identify relevant practice at the national level. The research, consultation and drafting of the guide were carried out by a small joint team from the Equal Rights Trust and the OHCHR Indigenous Peoples and Minorities Section. A. Research process and methodology The production of the guide involved four research processes. First, staff from the Equal Rights Trust and OHCHR carried out legal research to identify relevant international legal standards on equality and nondiscrimination. This involved exhaustive consideration of the relevant international human rights instruments, the interpretation of these instruments by the United Nations treaty bodies in their general comments, concluding observations and individual communications, and analysis and commentary on these standards by academics, non-governmental organizations, national human rights institutions and others. Research on the regional human rights systems in Africa, Europe and the Americas was carried out by Equal Rights Trust Fellows and individual experts working on a pro bono basis. OHCHR thematic sections and field offices contributed to all aspects of the development of the guide. The research, analysis and drafting process began in the first half of 2020 and continued until the first quarter of 2021, in parallel with calls for evidence and consultation. Second, and in parallel with this first activity, the partners issued calls for evidence. In mid-2020, OHCHR distributed a note verbale to States Members of the United Nations, requesting sample provisions from national anti-discrimination laws and examples of good practice. It also opened a public call for evidence, to gather inputs from civil society and the wider public. This call was distributed through OHCHR field presences and its Global Network of Minority Fellows, and to the Equal Rights Trust’s network of partner equality defenders around the world. In parallel, the Equal Rights Trust engaged expert contributors from selected national jurisdictions with comprehensive anti-discrimination laws to provide examples and inputs. As a result of these outreach efforts, the guide’s drafters received submissions from States, civil society organizations, international non-governmental organizations and grass-roots organizations worldwide, sharing views on best practices, exemplary legal provisions, dilemmas and concerns in the area of anti-discrimination and equality law. Third, the partners convened four online global consultations to discuss key themes, issues and problems identified in the research process. In November 2020, three online webinar consultations were convened, covering the following subjects: • Elements and scope of the right to be protected from all forms of discrimination, including “forms of discrimination: proscribed acts and omissions” (session 1) and “the right to effective remedy” (session 2). • Governance and the right to be protected from all forms of discrimination, including “positive action” (session 3) and “equality bodies: a global idea?” (session 4). • Minority protection, particular groups and other issues of particular application, including “minority protection, particular groups and other issues of particular application” (session 5) and an open session (no predetermined theme) (session 6). xxvii

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