OSCE/ODIHR database of legal reviews and legislation

ODIHR welcomes the efforts to address various forms of discrimination in a comprehensive manner through the Draft Law, which attempts to cover both the private and the public sphere. The Draft Law contains many positive elements which aim to guarantee equality through the legal norms and regulations, introduction of special measures, as well as by establishing a special body to combat discrimination within the Human Rights Defender Institution.

At the same time, the Draft Law could benefit from certain revisions and clarifications, to enhance its effectiveness, avoid ambiguity and ensure respect for principles of equality as well as to guarantee effectiveness and credibility of the institution authorized to oversee and apply this Draft Law.

More specifically, and in addition to what was stated above, OSCE/ODIHR makes the following recommendations to further enhance the Draft Amendments:
A. to revisit the title of the law to make it clear that it guarantees equal treatment and equal opportunities in relation to the recognition, enjoyment and exercise of the rights and freedoms of every individual and citizen with no discrimination; [par 25]
B. to exclude the references to legitimacy, necessity and proportionality tests from the definition of what constitutes prima facie discrimination and to separately provide a coherent and comprehensive definition of the test, preferably also indicating that a higher degree of scrutiny is required in cases of direct discrimination based on certain protected characteristics; [par 38]
C. to include additional protected characteristics, specifically referring to sexual orientation, gender identity, religion and belief, as well as national origin and nationality; [par 50]
D. to ensure that the Equality Body, as well as non-governmental organisations that have a legitimate interest in it, are entitled to bring cases on behalf or in support of an alleged victim of discrimination and to include a provision aimed at ensuring that conciliation procedures are available to persons who believe they have been the victims of discrimination, to assign these competences to the Human Rights Defender or specially created independent equality body; [par 71]
E. to define the Human Rights Defender’s mandate, powers and competences in the field of non-discrimination and to include references to the relevant provisions of the Constitutional Law on the Human Rights Defender, which define and describe its mandate, competences and powers in combating discrimination and promoting equality; [par 82]; and to define the mandate of the Equality Body ensuring effective execution of its functions both in law and in practice in order to remedy occurred discrimination should authorities choose to establish such a body within the existing institution. [par 86]

Սույն կարծիքի պատրաստանը մասնակցություն են ունեցել մարդու իրավունքների և իրավական հարցերով միջազգային փորձագետ տկն. Էլիս Թոմասը և Միացյալ Թագավորության Դանդի համալսարանի պրոֆեսոր Ալըն Փեյջը:
Հիմնված է «Ազգային ժողովի կանոնակարգ» ՀՀ օրենքի ոչ պաշտոնական անգլերեն թարգմանության վրա: