Eleanor Roosevelt examines the UDHR

Comprehensive anti-discrimination legislation must be a priority, say UN experts ahead of Universal Declaration anniversary

GENEVA (7 December 2022) – Independent United Nations experts today urged all UN member states to prioritise enacting, enforcing and implementing antidiscrimination legislation, as the Office of the High Commissioner for Human Rights released new guidance on how to meet commitments to implement effective legal frameworks. Ahead of this month’s anniversary of the adoption of the Universal Declaration of Human Rights – and its milestone 75th next year  the experts made the following statement:

“The Universal Declaration of Human Rights, the ‘common standard of achievement for all peoples and all nations’ begins with the proclamation that ‘all human beings are born free and equal in dignity and rights’.

The Declaration recognises that all people are equal before the law and entitled without discrimination to equal protection of the law and provides that all human rights must be afforded to everyone without discrimination. The 2030 Agenda and Declaration for Sustainable Development, with its pledge that ’no one will be left behind’, places equality at the heart of the global effort to eradicate poverty, secure human rights and protect the planet.

These declarations, published 65 years apart, demonstrate States’ recognition that efforts to create just, inclusive and peaceful societies, to eliminate poverty and to ensure enjoyment of human rights for all, necessitate to focus on addressing inequality.

Yet in 2022, despite these repeated commitments, many United Nations member states lack effective and genuinely comprehensive legal frameworks for the prevention of discrimination and promotion of equality.

Comprehensive anti-discrimination laws translate international legal commitments to equality into actionable and enforceable rights under national law.  In the absence of such frameworks, discrimination is likely to persist on myriad grounds and in all areas of life.

A wide range of grounds have been recognised under international law, including age; birth; civil, family or carer status; colour; descent, including caste; disability; economic status; ethnicity; gender and gender expression; gender identity; genetic or other predisposition towards illness; health status; indigenous origin; language; marital status; maternity or paternity status; migrant status; minority status; national origin; nationality; place of residence; political or other opinions; pregnancy; property; race; refugee or asylum status; religion or belief; sex; sex characteristics; sexual orientation; social origin; social situation;  status as a victim of slavery or human trafficking;  work or occupation, or any other status.

In a general context of the escalating global backlash against human rights and equality norms, as independent human rights experts mandated to work on diverse and wide-ranging themes, every area of our work is touched by questions of equality and non-discrimination. The ban on discrimination is a red line running through every part of the international human rights legal order. Cases and scenarios involving questions of inequality are the substance of our daily work.

One year remains before the 75th anniversary of the adoption of the Universal Declaration of Human Rights. We call on all United Nations Member States to take this opportunity to renew and reinforce their commitment to a society in which all are free and equal in rights and in which no one is left behind, including those affected by intersecting or multiple forms of discrimination. In this perspective, we invite all Member States that have not yet done so to ratify international human rights treaties and recognise their procedures and translate them into national laws and policies.

In calling on all United Nations Member States to adopt comprehensive anti-discrimination legislation, we direct them to new guidance issued by the Office of the High Commissioner for Human Rights: Protecting Minority Rights: A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation.

This guide provides clear and complete guidance for States on the laws which are required to meet their obligations to respect, protect and fulfil the rights to equality and non-discrimination and to deliver their ambitions to leave no one behind. It summarises international legal standards and provides accessible guidance on the necessary scope and content of these laws.

We urge States to use the Guide and relevant human rights standards as practical tools for the development and reform of their legal frameworks on equality and non-discrimination. With one year remaining before the 75th anniversary of the Universal Declaration:

  • We call on all States which have yet to develop comprehensive anti-discrimination laws to make this a priority for the coming year.
  • We urge States now developing, drafting or consulting on comprehensive antidiscrimination laws to accelerate the process; and
  • We ask States which have enacted laws aiming to provide comprehensive protection to review these in order to ensure that they are effective and consistent with international law, and to ensure effective implementation and adequate remedies.

The Practical Guide provides an essential roadmap, detailing the necessary elements of anti-discrimination legislation which is comprehensive, effective and consistent with the requirements of international human rights law. We urge States to take the publication of this guidance as a catalyst to action.”

The experts:  Ms. Nazila GhaneaSpecial Rapporteur on freedom of religion or beliefFernand de VarennesSpecial Rapporteur on minority issuesSaad AlfarargiSpecial Rapporteur on the right to developmentLivingstone SewanyanaIndependent Expert on the promotion of a democratic and equitable international orderAlexandra XanthakiSpecial Rapporteur in the field of cultural rightsMorris Tidball-BinzSpecial Rapporteur on extrajudicial, summary or arbitrary executionsVictor Madrigal-BorlozIndependent Expert on protection against violence and discrimination based on sexual orientation and gender identityOlivier De SchutterSpecial Rapporteur on extreme poverty and human rightsIrene KhanSpecial Rapporteur on Freedom of Opinion and ExpressionDavid BoydSpecial Rapporteur on human rights and the environment;  Michael FakhriSpecial Rapporteur on the right to foodFionnuala Ní AoláinSpecial Rapporteur on the promotion and protection of human rights while countering terrorismClaudia MahlerIndependent Expert on the enjoyment of all human rights by older personsAlice Jill EdwardsSpecial Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;  Alice CruzSpecial Rapporteur on the elimination of discrimination against persons affected by leprosy and their family membersMuluka-Anne Miti-DrummondIndependent Expert on the enjoyment of human rights by persons with albinismDorothy Estrada Tanck (Chair), Ivana Radačić (Vice-Chair), Elisabeth Broderick, Meskerem Geset Techane and Melissa UpretiWorking Group on discrimination against women and girlsFernanda Hopenhaym (Chairperson), Pichamon Yeophantong (Vice-Chairperson),  Elżbieta Karska, Robert McCorquodale and Damilola OlawuyiWorking Group on human rights and transnational corporations and other business enterprisesClément Nyaletsossi VouleSpecial Rapporteur on the rights to freedom of peaceful assembly and of associationTomoya Obokata, Special Rapporteur on contemporary forms of slaveryMama Fatima SinghatehSpecial Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse materialFelipe González Moralesthe Special Rapporteur on the human rights of migrantsAshwini K.P.Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance;  Reem Alsalem,Special Rapporteur on violence against women and girls, its causes and consequencesAua Baldé (Chair-Rapporteur), Gabriella Citroni (Vice-Chair), Angkhana Neelapaijit, Grażyna Baranowska, Luciano HazanWorking Group on Enforced or Involuntary DisappearancesTlaleng MofokengSpecial Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental healthPaula Gaviria BetancurSpecial Rapporteur on the human rights of internally displaced personsGerard Quinn, Special Rapporteur on the Rights of Persons with DisabilitiesVitit MuntarbhornSpecial Rapporteur on the situation of human rights in CambodiaTom AndrewsSpecial Rapporteur on the situation of human rights in MyanmarAlioune TineIndependent Expert on the situation of human rights in MaliIsha DyfanIndependent Expert on the situation of human rights in SomaliaCommittee on Enforced DisappearancesCommittee on the Rights of the Child.

Follow news related to the UNSR Clément Voule on Twitter: @cvoule

Published by