E/C.12/GC/20
page 12
private actors in the area of Covenant rights. Such policies, plans and strategies should address
all groups distinguished by the prohibited grounds and States parties are encouraged, among
other possible steps, to adopt temporary special measures in order to accelerate the achievement
of equality. Economic policies, such as budgetary allocations and measures to stimulate
economic growth, should pay attention to the need to guarantee the effective enjoyment of the
Covenant rights without discrimination. Public and private institutions should be required to
develop plans of action to address non-discrimination and the State should conduct human rights
education and training programmes for public officials and make such training available to
judges and candidates for judicial appointments. Teaching on the principles of equality and
non-discrimination should be integrated in formal and non-formal inclusive and multicultural
education, with a view to dismantling notions of superiority or inferiority based on prohibited
grounds and to promote dialogue and tolerance between different groups in society. States
parties should also adopt appropriate preventive measures to avoid the emergence of new
marginalized groups.
Elimination of systemic discrimination
39. States parties must adopt an active approach to eliminating systemic discrimination and
segregation in practice. Tackling such discrimination will usually require a comprehensive
approach with a range of laws, policies and programmes, including temporary special measures.
States parties should consider using incentives to encourage public and private actors to change
their attitudes and behaviour in relation to individuals and groups of individuals facing systemic
discrimination, or penalize them in case of non-compliance. Public leadership and programmes
to raise awareness about systemic discrimination and the adoption of strict measures against
incitement to discrimination are often necessary. Eliminating systemic discrimination will
frequently require devoting greater resources to traditionally neglected groups. Given the
persistent hostility towards some groups, particular attention will need to be given to ensuring
that laws and policies are implemented by officials and others in practice.
Remedies and accountability
40. National legislation, strategies, policies and plans should provide for mechanisms and
institutions that effectively address the individual and structural nature of the harm caused by
discrimination in the field of economic, social and cultural rights. Institutions dealing with
allegations of discrimination customarily include courts and tribunals, administrative authorities,
national human rights institutions and/or ombudspersons, which should be accessible to
everyone without discrimination. These institutions should adjudicate or investigate complaints
promptly, impartially, and independently and address alleged violations relating to article 2,
paragraph 2, including actions or omissions by private actors. Where the facts and events at issue
lie wholly, or in part, within the exclusive knowledge of the authorities or other respondent, the
burden of proof should be regarded as resting on the authorities, or the other respondent,
respectively. These institutions should also be empowered to provide effective remedies, such as
compensation, reparation, restitution, rehabilitation, guarantees of non-repetition and public
apologies, and State parties should ensure that these measures are effectively implemented.