Concept of a System of Measures to Combat Discrimination and Ensure Equality in Belarus, Including the Law On Equality and Non-Discrimination
The Concept of a system of measures to combat discrimination and ensure equality in Belarus, including the Law “On Equality and Non-Discrimination,” is one of the elements of a comprehensive legal reform that Belarus needs.
The document was developed within the framework of the 2023 Action Plan, adopted by the Council of Europe Contact Group on Belarus, with the participation of experts from Belarusian civil society organizations and experts from the Council of Europe, under the overall coordination of the Belarusian Helsinki Committee.
After a democratic transition, this document:
- may become the foundation for equality and non-discrimination legislation, including the adoption of the Law “On Equality and Non-Discrimination”;
- may be used by courts to interpret existing norms BEFORE the adoption of the law;
- may serve as a basis for developing more detailed documents (recommendations and guidelines) for judges, prosecutors, and public officials in the justice system.
At present, this document is useful as:
- a reference point for the development of reforms in other areas (including economy, education, healthcare);
- a tool for legal and public administration professionals to improve their qualifications;
- a tool to promote awareness and change attitudes towards the issue of discrimination in society, including its correct understanding;
- a starting point for public discussion.
The Concept consists of three sections:
1. Legal grounds of the system of measures to combat discrimination and ensure equality, and the practice of unequal treatment
This section explains why a system of measures and a separate Law “On Equality and Non-Discrimination” are needed and why the state is obliged to adopt such measures and this law: Belarus’s international obligations in the field of equality and non-discrimination, shortcomings of national legislation, and existing law enforcement practices.
2. The system of measures to combat discrimination and ensure equality in Belarus
- Policies, plans, and strategies in the field of equality and non-discrimination.
- Comprehensive anti-discrimination legislation.
- A system of effective remedies against discrimination.
- Monitoring system.
3. The Concept of the Law of the Republic of Belarus “On Equality and Non-Discrimination”
The Concept defines the fundamental provisions and key elements (including basic terminology) on which the future law should be based and which must be taken into account during its drafting.
In some cases, where different approaches are possible, the Concept does not prescribe a specific solution but offers a range of possible options. This is partly due to the fact that today (in early 2024) it is difficult to predict when exactly this law will be drafted, how comprehensive the legal reform will be, and what the situational context in Belarus will look like at the start of the transition period. It is also intentionally designed this way to stimulate public debate on the most contentious issues. Such debate is one of the important tools for promoting the ideas of equality and non-discrimination in Belarusian society.