PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW 2. Forms of discrimination PART TWO – I Both the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women explicitly require States to eliminate “all forms of discrimination”, and this same formulation has been used repeatedly by the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Rights of Persons with Disabilities in their engagements with States regarding their non-discrimination obligations.200 However, with the partial exception of the Committee on the Rights of Persons with Disabilities,201 the core United Nations human rights instruments do not discuss the different forms of discrimination. Rather, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities define discrimination as any distinction, exclusion or restriction (or preference) on the basis of a protected ground that has the “purpose or effect” of preventing the equal enjoyment of human rights.202 As noted above, this definition has been adopted by both the Human Rights Committee203 and the Committee on Economic, Social and Cultural Rights.204 GEORGIA: LAW ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION Article 2 1. Any form of discrimination is prohibited in Georgia. … In its general comment No. 6 (2018), the Committee on the Rights of Persons with Disabilities identifies four “main” forms of discrimination recognized in international human rights practice. This includes: (a) direct discrimination; (b) indirect discrimination; (c) denial of reasonable accommodation; and (d) harassment (on the basis of a protected ground).205 With some nuances, each of these concepts has been recognized as prohibited conduct falling within the scope of the right to non-discrimination provided under the other international human rights treaties.206 In addition to this list, the present guide discusses segregation and victimization as forms of prohibited conduct recognized in international law.207 Some divergences in approach within and 200 Notably, both the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women are drafted in view of the need to eliminate “all forms of discrimination” against their respective beneficiary groups. The Committee on the Rights of Persons with Disabilities has noted that the “duty to prohibit ‘all discrimination’” under the Convention “includes all forms of discrimination”. In their reviews of State performance under the treaties, the treaty bodies have further recommended the adoption of comprehensive anti-discrimination legislation that, inter alia, prohibits “all forms of discrimination”. See Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 18; CCPR/C/LBR/CO/1, para. 17 (a); E/C.12/CPV/CO/1, para. 17; CRC/C/PSE/CO/1, para. 21; and CMW/C/LBY/CO/1, para. 29 (a). 201 The Convention defines the denial of “reasonable accommodation” as a form of discrimination. See Convention on the Rights of Persons with Disabilities, art. 2. 202 International Convention on the Elimination of All Forms of Racial Discrimination, art. 1 (1); Convention on the Elimination of All Forms of Discrimination against Women, art. 1; and Convention on the Rights of Persons with Disabilities, art. 2. The International Convention on the Elimination of All Forms of Racial Discrimination includes the additional term “preference”. As discussed in section I.B.3 of part two of the present guide, the Committee on the Elimination of All Forms of Racial Discrimination has sought to distinguish “special measures”, which may involve preferential treatment, from “unjustifiable preferences”. Only the latter constitutes a form of prohibited racial discrimination as defined by the Convention. Article 1 (a) of the ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111) uses similar language to the International Convention on the Elimination of All Forms of Racial Discrimination, although the term “restriction” is omitted. See Committee on the Elimination of Racial Discrimination, general recommendation No. 32 (2009), para. 7. 203 Human Rights Committee, general comment No. 18 (1989), paras. 6–7. 204 Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 7. 205 Committee on the Rights of Persons with Disabilities, general comment No. 6 (2018), para. 18. 206 See, in particular, the discussion of denial of reasonable accommodation in section I.A.2(d) of part two of the present guide, which is most frequently discussed as a form of ground-specific (disability) discrimination. 207 As discussed in section I.A.2(f) of part two of the present guide, while victimization is clearly recognized as a form of prohibited conduct, it is not always treated as a distinct form of discrimination. In international law, victimization has frequently been discussed as part of States’ obligations to ensure access to justice. 29