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).
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