WPS7992 Policy Research Working Paper 7992 Antidiscrimination Law and Shared Prosperity An Analysis of the Legal Framework of Six Economies and Their Impact on the Equality of Opportunities of Ethnic, Religious, and Sexual Minorities Elaine Panter Tanya Primiani Tazeen Hasan Eduardo Calderon Pontaza Development Economics Global Indicators Group March 2017 Policy Research Working Paper 7992 Abstract This paper looks at the structural marginalization of ethnic, The idea driving the study is that institutional measures that religious, and sexual minorities in six pilot economies (Bul- hamper the access of ethnic, religious, and sexual minorities garia, Mexico, Morocco, the Netherlands, Tanzania, and to the labor market and financial systems directly affect Vietnam) and proposes a new methodology for collecting their economic performance and, as a consequence, rep- cross-country comparable data on antidiscrimination legal resent a cost for the economy. Among the findings of the frameworks. The data cover six areas of law, addressed by study is that antidiscrimination labor legislation is well six indicators: (a) access to institutions, (b) access to edu- developed in all six pilot economies, but many gaps still cation, (c) access to the labor market, (d) access to property, exist in access to property and in access to public goods (e) access to public services and social protection, and (f ) and social services. The study also found that, of the three protection from hate crimes and hate speech. The laws, groups covered by the study, the least protected under policies, and regulations presented fall under one of these the law are the sexual minorities. Although data from six indicators. For each, the paper attempts to identify the economies cannot provide statistical evidence, findings minority gap, the difference between the legal treatment suggest the need for further research. The authors hope of the ruling majority and that of the minority. Data were to encourage a wider debate on the consequences of sys- collected through two sources: first, standardized surveys tematic discrimination against minorities and to help submitted to ombudsman institutions, lawyers, academics, governments critically review their legal frameworks to and civil society organizations; second, public government ensure equal opportunities for all citizens, regardless of records on laws and regulations and data from interna- religion, ethnicity, gender identity or sexual orientation. tional legal databases and human rights organizations. This paper is a product of the Global Indicators Group, Development Economics. It is part of a larger effort by the World Bank to provide open access to its research and make a contribution to development policy discussions around the world. Policy Research Working Papers are also posted on the Web at http://econ.worldbank.org. The authors may be contacted at epanter@worldbank.org. The Policy Research Working Paper Series disseminates the findings of work in progress to encourage the exchange of ideas about development issues. An objective of the series is to get the findings out quickly, even if the presentations are less than fully polished. The papers carry the names of the authors and should be cited accordingly. The findings, interpretations, and conclusions expressed in this paper are entirely those of the authors. They do not necessarily represent the views of the International Bank for Reconstruction and Development/World Bank and its affiliated organizations, or those of the Executive Directors of the World Bank or the governments they represent. Produced by the Research Support Team Acknowledgments I. Introduction The economic marginalization of ethnic, religious, and sexual minorities is a problem that affects all nations around the world and is one that policy makers can no longer afford to ignore. Exclusion of minorities from the labor force is be- coming politically and economically unsustainable for many states that are struggling to retain their legitimacy and strengthen their competitive potential in an increasingly global market (Hamm 2014; see also Economist 2015). As a con- sequence, governments, international development agencies, and academic institutions are now looking seriously at ways to develop policies that guarantee a more equal and sustainable economic development—economic development that addresses both short- and long-term economic goals. Among the long-term goals is the promotion of equality of oppor- tunities for those members of society who, because of prejudice, legacies of the colonial period, and discriminatory cul- tural norms, are marginalized and discouraged from fully participating in and contributing to the growth of their country (World Bank 2013a). Promoting equal opportunities for all requires introducing new economic models and political changes in the way insti- tutions are structured and power dynamics are regulated within society (Stiglitz 2013). In other words, a radical change in mentality must occur so that everyone, regardless of his or her parents’ socioeconomic status—including aspects of ethnicity and race—is seen as a valuable member of society and is given the same opportunities to succeed (Roemer and Trannoy 2013). Despite extensive documentation on discrimination against minorities around the world, the lack of data on laws that should protect those groups from discrimination and on the effect those laws have on the economic growth of a country is worrisome. Recent studies show that laws that protect minorities from discrimination contribute to the economic em- powerment of such groups and that empowerment, in turn, contributes to the development of the country by serving economic and, particularly, efficiency-based ends (Deakin, Malmberg, and Sarkar 2013; see also Badgett and others 2014). Results in this The UN experts called on governments to establish appropri- field are mostly anecdotal, however, and availa- ate anti-racism action plans as well as equality bodies and to ble data are still scarce and patchy. Data sets in provide adequate redress to the victims. They also highlighted related fields do exist but are often not presented the need for collecting reliable data to monitor changes. (Unit- in a cross-country comparable manner that can ed Nations 2016) give rise to actionable data (see appendix A). The reason is partially that hard data on discrim- ination are notoriously difficult to acquire and often come down to some kind of self-reporting. Although such reporting may be indicative of underlying trends, it relies heavily on individuals’ interpretation of what is happening. As reported by the International Labour Organization (ILO), “Data [on discrimination] are typically collected through ad hoc re- search or situation tests, but seldom in a systematic way” (ILO 2011b, xi). Also, when collected, data often are not dis- aggregated in a manner that can help develop policies to prevent discrimination and promote equality (FRA 2013, 4). Furthermore, data available on equality legislation are limited geographically. The great majority of the existing studies focus on Europe and North America.1 Several countries in other regions also have extensive literature because of their particular institutional history. For example, South Africa has been the focus of studies on its apartheid and post- apartheid periods (see, for example, Human Rights Watch 2015, 2016). Profound disparities also exist in the coverage of the different forms of discrimination. Gender discrimination is the most widely researched, followed by racial and ethnic discrimination and religious discrimination. Discrimination based on sexual orientation and gender identity has only re- cently emerged as an international concern, and it is less commonly researched and documented in the literature (Fred- man 2012, 13). This paper is the World Bank Group’s first study on the antidiscrimination legal framework of a country and its effect on equal opportunities for ethnic (including indigenous), religious, and sexual minorities. The authors of this paper acknowledge that a country’s legal framework is only one of the many factors that contribute to the creation of equality 1 Notably, studies address discrimination against Roma people in Europe (European Commission 2016); racial discrimination and overrepresentation of minorities in prisons in the United States (Amnesty International n.d.); and discrimination against indigenous persons, particularly women, in Canada (Amnesty International 2009). Anti-Discrimination Law and Shared Prosperity 3 of opportunity. It is one that has gained increased attention in recent years, however, especially after the global financial crisis and recognition of the need for more stringent regulatory frameworks in the labor and financial sectors (Stiglitz 2013; see also Ferreira and Peragine 2015). By developing a methodology for the collection of comparable cross-country global data, the researchers aim to create a framework for the identification of gaps in the legislation of countries around the world that, if addressed, may help tackle the marginalization of minorities and ultimately strengthen the economy of those countries. The rest of the paper is structured as follows: Section II provides definitional clarifications. Section III discusses the theo- retical underpinnings of the research and relevant literature on equality of opportunity and equality legislation. Section IV presents the survey design and data collection methodology. Section V is divided into six subsections and is a sum- mary of some of the major findings in the six pilot countries for the six indicators. Section VI concludes. II. Definitions Discrimination was defined in the 1989 Human Rights Committee’s Comment on Non-Discrimination as follows: any distinction, exclusion, restriction or preference which is based on a number of identified grounds and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights or freedoms.2 The definition of minorities used in this paper is the one used in the United Nations human rights system, which was provided in 1977 by Francesco Capotorti, special rapporteur of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, who stated the following: [A minority is] a group numerically inferior to the rest of the population of a State, in a non- dominant position, whose members—being nationals of the State—possess ethnic, religious or lin- guistic characteristics differing from those of the rest of the population and show, if only implicitly, a sense of solidarity, directed towards preserving their culture, traditions, religion or language.3 Since 1977, the United Nations Office of the High Commissioner for Human Rights has further defined this concept and specified that to be a minority, a group does not need to be numerically inferior to the majority. Although in most instances, a minority group will be a numerical minority, in other instances, a numerical majority may also find itself in a minority-like or nondominant position.4 Indigenous peoples are defined thus: Indigenous communities, peoples and nations are those which, having a historical continuity with pre- invasion and pre-colonial societies that developed on their territories, consider themselves distinct from other sectors of the societies now prevailing on those territories, or parts of them. They form at present non-dominant sectors of society and are determined to preserve, develop and transmit to fu- ture generations their ancestral territories, and their ethnic identity, as the basis of their continued ex- istence as peoples, in accordance with their own cultural patterns, social institutions and legal system. (United Nations 2004) Under international law, indigenous peoples are granted their own set of rights and duties (UNOHCHR 2010). Among them are communal land rights, which are at times violated by the central government or the ruling group.5 Like ethnic 2 Human Rights Committee 1989. Authoritative interpretation that formulates a legal definition and understanding of the meaning and reach of nondiscrimination at the international level. 3 See UNOHCHR n.d. 4 Ibid. 5 For many indigenous peoples, traditional lands are an integral part of their beliefs and traditions and are essential to their existence. Countries around the world are gradually recognizing those practices and are granting exceptions from laws that may interfere with Anti-Discrimination Law and Shared Prosperity 4 and religious minorities, indigenous peoples often are among the poorest in society and face institutionalized discrimina- tion at different levels of power, forcing them into economic marginalization and financial insecurity. For this reason, the study also covers indigenous populations and includes a question on the laws regulating communal land rights.6 Sexual minorities refers to people who are lesbian, gay, bisexual, transgender, or intersex. Lesbian women are women who are attracted to women, and gay men are men who are attracted to other men. Bisexuals are attracted to both men and women. As for transgender, the United Nations defines the term as follows: [A]n umbrella term used to describe a wide range of identities—including transsexual people, cross- dressers (sometimes referred to as “transvestites”), people who identify as third gender, and others whose appearance and characteristics are perceived as gender atypical. Transwomen identify as women but were classified as males when they were born. Transmen identify as men but were classified female when they were born. (Free and Equal Initiative n.d.) Further, an intersex person is someone born with sexual anatomy, reproductive organs, and/or chromosome patterns that do not fit the typi- cal definition of male or female. This may be apparent at birth or become so later in life. An intersex person may be identified as male or female or as neither. Intersex status is not about sexual orientation or gender identity: intersex people experience the same range of sexual orientations and gender identi- ties as non-intersex people. (Free and Equal Initiative, n.d.) International law in the field of LGBTI rights is still in its infancy, and the World Bank Group has only recently acknowledged the economic fragility of those populations (SOGI Task Force 2015) and the effect that exclusion of sexu- al minorities can have on the economic growth of a country (Kim 2014). As highlighted in a World Bank report on LGBTI communities around the world, data on LGBTI people are scarce, even in developed countries (Koehler and Menzies, forthcoming). Two terms often used in the LGBTI literature are sexual orientation and gender identity. The closest to generally accepted definitions of those terms are those provided by the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity: Sexual orientation is understood to refer to each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender. Gender identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond to the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and man- nerisms. (ICJ 2007) Finally, adopting the more developed language used in the gender equality and women’s rights literature—which often talks about gender gap to refer to the gender-based disparities in the economic, political, education, and health spheres7— the study refers to disparities in the same fields between ethnic, religious, and sexual minorities and the respective majori- ties as the minority gap. The term is clearly a gross generalization of the myriad differences among the three groups and within each group; however, it is useful in highlighting the existence of the phenomenon and is used in this paper. their usufructuary traditions. Unfortunately, in many countries, indigenous peoples have seen their traditional lands eroded through mass deforestation. Mining and oil and mineral exploitation are notable problems in large swaths of Africa and Latin America. 6 Because many of the issues concerning ethnic minorities also affect indigenous peoples, issues related to indigenous peoples are in- cluded in the ethnic minorities survey. 7 The Global Gender Gap Index, World Economic Forum, http://reports.weforum.org/global-gender-gap-report-2015/the-global- gender-gap-index-2015/. Anti-Discrimination Law and Shared Prosperity 5 III. The Theory behind the Study: Equality of Opportunities and Discrimination Against Minorities Rising income inequality between the rich and the poor has dominated political and economic debates in recent years. Today, 48 percent of the global wealth is owned by “Extreme inequality isn’t just a moral wrong. We know that it hampers economic growth and it less than 1 percent of the world population (Oxfam 2014). threatens the private sector’s bottom line.” High-income countries generate 55 percent of the global income but account for only 16 percent of the world’s Winnie Byanyima, executive director, Oxfam Inter- population.8 Low-income countries create just over 1 per- national (Oxfam International 2015) cent of the global income even though they contain 72 percent of the global population (UNDESA 2013, 25). Also, in countries where inequality has risen, income is concentrated increasingly at the very top of the distribution ladder (UNDESA 2013). In the United States, income dis- parities have become so pronounced that Americans in the top 1 percent earn on average more than 38 times more in- come than the bottom 90 percent, and the top 0.1 percent earns more than 184 times the income of the bottom 90 percent.9 Classical economic theories had not predicted such profound income inequality. On the contrary, classical economists believed that the invisible hand of the free market and the laws of supply and demand would automatically allocate re- sources efficiently.10 According to those theories, everyone who participates in a free economy will eventually reap the benefits of growth because benefits at the top are bound to “trickle down” to those at the lower end of the distribution. As a consequence, the economic progress of a country is simply assessed by measuring the growth of gross domestic product per capita. The recent growth in income inequality at the global and national levels has forced governments around the world to reconsider some of those theories and look at new policies to tackle the increased poverty within their societies (ILO 2011a). Interestingly, in countries where inequality has declined, the expansion of education and public transfers to the poor seem to have played a more important role than free-market allocation (Dabla-Norris and others 2015). In Latin America and the Caribbean, for instance, an increase in public expenditure on education since the early 1990s led to ris- ing secondary school enrollment and completion rates and became a major determinant of the fall in wage inequality (Ferreira and others 2013; López-Calva and Lustig 2010). The rise in income inequality has generated a rich literature on the causal links between inequality and development, with many researchers suggesting that inequality has a negative effect on economic growth.11 Stiglitz (2012) argues that income inequality hinders economic growth because it skews the economy toward rich households, which have a lower propensity to consume and spur aggregate demand, rather than to middle- and low-income households. Herzer and Vollmer (2012, 489) also found in their study on per capita income in 46 countries over the period 1970–95 that “ine- quality has a negative long-run effect on income.”12 The World Bank (2013a, 54) highlights that “social inclusion mat- ters because exclusion is too costly. These costs are social, economic, and political and are often interrelated.” Also, recent International Monetary Fund studies provide statistical evidence that income inequality (as measured by the Gini coeffi- cient) negatively affects growth and its sustainability (Berg and Ostry 2011; Ostry, Berg, and Tsangarides 2014). 8 High-income countries are those with a gross national income per capita of US$12,476 or more in 2011, whereas low-income coun- tries are those with a gross national income per capita of US$1,025 or less, according to the World Bank. See UNDESA 2013, 25, http://www.un.org/esa/socdev/documents/reports/InequalityMatters.pdf. 9 See Inequality.org, “Income Inequality,” http://inequality.org/income-inequality/. 10 Most notably Mill (1848), Smith (1776), and Ricardo (1817). 11 Surveys on this issue can be found in Bénabou (1996); Aghion, Caroli, and García-Peñalosa (1999); Bourguignon (2004); Bertola et al. (2005) and Ehrhart (2009). See also World Development Report 2006: Equity and Development (World Bank 2006), which provides a strong empirical underpinning to the claim that interventions that narrow inequality can be good for growth and long-term prosperity. 12 Herzer and Vollmer 2012, 489. Anti-Discrimination Law and Shared Prosperity 6 Researchers have advanced different theories on the determinants of inequality. Some researchers believe that inequality can be traced back to inequality of opportunities, namely, unequal access to opportunities arising from circumstances outside the individual’s control, including parental background, gender, ethnicity, and religion. The major proponents of this theory (also identified as luck egalitarianism by philosophers and political scientists) are, among others, John Roemer (2009), Xavier Ramos and Dirk Van de Gaer (2012), Marc Fleurbaey and Vito Peragine (2013), and Gustavo Marrero Juan Gabriel Rodriguez (2013). Those economists believe that the “circumstances” a person is born into—such as gen- der, location, and parental, social, and economic background—should not determine outcomes but that the individual’s achievements in life should depend only on effort and innate ability. The principle is based on ideas developed by a long list of influential thinkers on issues of fairness and rights that underscore fairness of process and opportunities rather than outcomes (Dworkin 1981a, 1981b; Rawls 1971). To address the rising income inequality and in response to these developments in economic theories, in 2013, the World Bank Group redefined its mission and gave itself two goals: ending extreme poverty by 2030 and boosting shared pros- perity (World Bank 2013c). The twin-goal paradigm adopts a multidisciplinary approach recognizing that sustainable development can occur only when countries achieve progress in both monetary and nonmonetary dimensions of welfare. At the heart of the twin goals is the normative principle laid out by Basu (2001, 2006), which states that one should fo- cus on the country’s “quintile income” (per capita income of the poorest 20 percent of the country) in evaluating a coun- try’s well-being (Basu 2013). In other words, to help the poor and achieve real welfare for all, countries must adopt sound and robust economic policies while also promoting equal access to and participation in all aspects of the econom- ic, social, and political arenas, including, among others, education, health care, water, sanitation, and essential infrastruc- ture. This “new” World Bank mission contends that (a) unless all members of society partake in the development of the country, that country cannot possibly eradicate poverty and move toward shared prosperity; and (b) without institutions that encourage the ruling majorities to share resources equitably, the existing inequality among sectors of society will likely perpetuate over time, and the traditionally marginalized sectors will be further excluded and trapped in a cycle of low income and few opportunities for generations. Among the factors that can hamper equality are laws and regulations that exclude certain sectors of society from reaping the benefits of economic growth. Such exclusion happens when minorities are discouraged and, at times, prevented from participating in the development of a country because of prejudice, racial stereotypes, and discriminatory cultural atti- tudes by the ruling majority. Often, those attitudes are enshrined in the laws that perpetually reinforce—both conceptu- ally and in practice—the economic marginalization of members of society who could otherwise be a force for economic progress. Initial studies suggest that such discriminatory legal frameworks represent real costs for the economy that could be prevented. For example, a recent World Bank study on the cost of excluding minorities in Eastern Europe quantified the annual productivity losses resulting from Roma exclusion in Bulgaria, the Czech Republic, Romania, and Serbia to range from €230 million to €900 million (World Bank 2010). Another World Bank study on the exclusion of lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals in India shows that the cost of such discrimination in em- ployment and health sectors in the country could be as high as US$30.8 billion (Badgett 2014). Discrimination against ethnic, religious, and sexual minorities is widely documented by international institutions and human rights groups. The most obvious manifestations of such divisions are the ongoing civil conflicts and the surge of the extremist group Daesh in the Middle East, which followed the Arab Spring and are, arguably, the consequence of deep-rooted hostility between Shia and Sunni Muslims. The immediate and long-term economic consequences of those wars in the region are incalculable. Similar struggles have affected Afghanistan, the Central African Republic, Pakistan, South Sudan, and Sudan for many years (Lattimer and Verbakel 2015). But even in non-war-torn countries, minorities often are the people most discriminated against. Following the economic downturn of 2008, racial discrimination in the workplace increased, posing, according to recent International Labour Office studies, tough questions about policies that have existed in the past decade (ILO 2011a). In the report titled State of the World’s Minorities and Indigenous Peoples 2015, Minority Rights Group International reports that in Southeast Asia in 2014, minorities were evicted to make way for infrastructure and high-income housing developments in urban centers in Cambodia and Thailand. Similarly, in Myanmar, the Rohingya urban minority populations in Sittwe were at times openly discriminated against and violently targeted (Grant 2015, 148). Discrimination often seems to go hand-in-hand with poverty and marginalization. In Vietnam, World Bank data show minorities face more barriers to obtaining access to education, credit, land, and the marketplace than do the Kinh major- Anti-Discrimination Law and Shared Prosperity 7 ity (2009, 2). World Bank data also show that the general poverty rate for ethnic minority groups in Vietnam in 2006 “Institutionalized discrimination is bad for people and was 52 percent, more than five times that of ethnic majority for societies. Widespread discrimination is also bad groups (Dang 2010). The country made some reforms in for economies. There is clear evidence that when recent years to address the problem, but the economic di- societies enact laws that prevent productive people vide between the majority Kinh and the ethnic minorities— from fully participating in the workforce, economies as highlighted by the United Nations Committee on the suffer.” Elimination of Racial Discrimination (UNCERD 2012)—is still profound, even when those groups live in the same Jim Yong Kim, president, World Bank Group (Kim mountainous area. 2014) In 2013, the United Nations independent expert (now spe- cial rapporteur on minority issues) warned that hundreds of minority groups in Africa were in need of attention and pro- tection because minorities remain among the poorest people, trapping them in a cycle of discrimination, exclusion, pov- erty, and underdevelopment.13 As reported by Minority Rights Group International, the Batwa people, a pastoralist minority in the Great Lakes Region in Africa, are among the poorest of the poor. A combination of lack of access to cul- tivable lands, poor health, and poor education places them as one of the most marginalized and poorest minorities on the continent.14 Similarly, indigenous peoples (who include about 5 percent of the world’s population) are estimated to represent 15 per- cent of the world’s poor (Hall and Patrinos 2012). In Mexico, as in most Latin American countries, they consistently rank lower than nonindigenous peoples on poverty indicators (Garcia-Moreno and Patrinos 2011). As noted by the World Bank Latin America and the Caribbean [LAC] Equity lab, “Even if the Latin American and Caribbean region has seen significant progress in terms of poverty reduction over the past decade, the indigenous populations have benefited little and remain among the poorest in LAC. In some areas, the difference in poverty between them and other groups has grown even wider.”15 Also, a recent World Bank study shows that from the early to the late 2000s, although the proportion of indigenous people living in moderate poverty (US$4/day) and extreme poverty (US$2.50/day) has decreased, the poverty gap be- tween indigenous and nonindigenous people increased by 32 percent in Bolivia, 13 percent in Ecuador, and 99 percent in Brazil, but in Guatemala the gap decreased 0.36 percent. As a result of those gaps, in the Latin American countries for which data are available, the proportion of indigenous households living in poverty today (a) still doubles the proportion of nonindigenous households living in poverty, (b) is 2.7 times as high for extreme poverty, and (c) is three times as high for people living on less than US$1.25 a day (see figure 1).16 13 UNOHCHR 2014b, paras. 17 and 31, https://documents-dds-ny.un.org/doc/UNDOC/GEN/G14/100/72/PDF/G1410072 .pdf?OpenElement. 14 Minority Rights Group International 2008. 15 See LAC Equity Lab, “Overview,” http://www.worldbank.org/en/topic/poverty/lac-equity-lab1/overview. 16 World Bank 2015a, 59. Anti-Discrimination Law and Shared Prosperity 8 Figure 1: Percentage of People Living on Less Than US$1.25, US$2.50, and US$4 per Day, Late 2000s Weighted Average for Bolivia, Brazil, Ecuador, Guatemala, Mexico, and Peru 50 43 40 30 Percent 24 21 20 9 9 10 3 0 <$1.25 <$2.50 <$4.00 <$1.25 <$2.50 <$4.00 Indigenous Nonindigenous Source: SEDLAC data (CEDLAC and the World Bank) in World Bank 2015a. Even in the more developed economies of Europe, minorities often are among the most disadvantaged. The European Union (EU) Special Eurobarometer 437—a public opinion survey conducted regularly on behalf of the European Commission, which looks into attitudes and perceptions of Europeans toward discrimination based on different grounds—reports that “discrimination on the grounds of ethnic origin continues to be regarded as the most widespread form of discrimination in the EU (64 percent), and it is more likely to be seen as widespread than was the case in 2012 (+8 percentage points). More than half of respondents in the EU say that discrimination is widespread in their country on the basis of sexual orientation (58 percent; +12) and gender identity (56 percent; +11), both showing substantial in- creases from the 2012 survey” (European Commission 2015). As in Africa, Asia, and Latin America, discrimination in Europe seems to be associated with poverty and economic marginalization. In a recent study on poverty and unemploy- ment rates among the Roma population in 11 EU member states, the European Union Agency for Fundamental Rights concluded that, despite being the largest ethnic minority in the EU, 90 percent of the Roma people surveyed “live in households with an equivalised income below national poverty lines” and that “on average, around 40 percent of Roma live in households where somebody had to go to bed hungry at least once in the last month since they could not afford to buy food” (FRA 2014, 11). IV. Indicators and Methodology This paper proposes six new indicators for the collection of comparable cross-country data on discriminatory legal frameworks and tests the data collection methodology in six pilot economies (Bulgaria, Mexico, Morocco, the Nether- lands, Tanzania, and Vietnam).17 17 The pilot countries were selected to represent the various regions and legal traditions of the world. They range from low- to high- income economies, and all of them contain segments of the population that are considered minorities and that face discrimination. Anti-Discrimination Law and Shared Prosperity 9 The methodology consists in a survey-based dataset and is drawn from the experience of the World Bank’s Doing Busi- ness18 and Women, Business, and the Law19 reports, which have produced global objective quantitative indicators of business regulation and gender discrimination.20 The dataset presents laws and policies in three main areas: 1. Laws that establish discriminatory treatment based on ethnicity, religion, gender identity, and sexual orienta- tion 2. Laws that prohibit discrimination against ethnic, religious, and sexual minorities 3. Policies and other enforcement mechanisms to implement existing antidiscrimination laws The six indicators identified to measure the equal treatment of people belonging to ethnic, religious, and sexual minori- ties are: 1. Access to institutions 2. Access to education 3. Access to the labor market 4. Access to property 5. Access to public services and social protection 6. Protection from hate crimes or hate speech Data were collected from two sources, namely, surveys to experts of the pilot countries and desktop research. In particu- lar, three surveys were developed: (a) one for ethnic minorities and indigenous peoples, (b) one for religious minorities, and (c) one for sexual minorities. Each survey was then divided into six sections, one for each indicator. The surveys were distributed to legal experts in the six pilot countries, including lawyers, ombudsman institutions, judges, academics, and civil society organizations (see appendix B). The survey on ethnic minorities and indigenous peoples includes questions on laws, policies, and regulations related to obtaining citizenship and how they differ, if at all, from those that apply to the country’s ethnic majority. The survey al- so includes questions on the rights of indigenous peoples to obtain collective land titles under access to property and questions on whether legal provisions on bilingual education exist, among others. Under the indicator for access to institutions, the survey on religious minorities includes questions that address constitu- tional provisions that guarantee the freedom of belief and religion. Under access to education, the survey includes ques- tions that attempt to identify whether legal quotas exist for religious minorities in primary, secondary, and tertiary education. The section on protection from hate crimes and hate speech addresses the existence of criminal provisions on hate speech that incites religious hatred and hate crimes motivated by religious bias. The sexual minorities’ survey includes questions that address legal discrimination and legal protection from discrimina- tion for lesbian, gay, bisexual, transgender, and intersex (LGBTI) communities. Under each indicator, questions attempt to capture the laws related to those communities and whether those same laws apply to the majority of the population (that is, heterosexual or cisgender). For example, the survey determines whether the country has a comprehensive law that specifically mentions sexual orientation and gender identity as protective characteristics. The equal treatment of LGBTI communities in schools is addressed under access to education, which assesses whether the state has introduced laws and policies to combat bullying of LGBTI students in schools. The topic of access to public services and social pro- tection mechanisms is especially important for LGBTI communities, and it is covered through questions about access to health care, human immunodeficiency virus (HIV) preventive services, and gender reassignment surgery, among others. The indicator for hate crimes and hate speech includes questions on the criminalization of hate crimes and hate speech 18 For further details on the Doing Business database and reports, see http://www.doingbusiness.org/. 19 For further details on the Women, Business, and the Law database and reports, see http://wbl.worldbank.org/. 20 The Doing Business indicators are recognized as being extremely influential and successful in attracting the attention of senior poli- cy makers, government officials, and members of the business community in many countries. Thus, they have contributed significant- ly to benchmarking economies against good practices and motivating policy makers to improve their laws and regulations. Similarly, in the period following the publication of Women, Business, and the Law 2014 (World Bank 2013b), 65 countries reformed 94 laws that had discriminated against women. Anti-Discrimination Law and Shared Prosperity 10 motivated by bias against sexual minorities and questions on the existence of policies that mandate training for police officers on the identification and investigation of hate crimes. The data collected from the surveys were then cross-referenced with public legal databases from international organiza- tions and local human rights nongovernmental organizations. When the answers to the surveys were unclear, the experts were contacted again for clarification and the data verified through desk-top research. The findings were subsequently codified and submitted to experts within and outside the World Bank Group for peer review. Disagreement often arises about which groups constitute a minority in a country. To control for different interpretations and to guarantee uniformity in the data collection, the experts who completed the surveys were given a predetermined list of ethnic and religious minorities in each of the pilot countries drawn from internationally recognized studies of mi- norities, including work by the International Labour Organization,21 United Nations Committee on the Elimination of Racial Discrimination,22 United Nations Office of the High Commissioner for Human Rights (UNOHCHR 2010, 2014),23 United Nations Universal Periodic Review Process,24 Minority Rights Group International,25 and the European Union Agency for Fundamental Rights.26 Equality of opportunities for minorities in society depends on the interplay of a variety of factors. This paper focuses on only one of those factors: the formal legal and regulatory environment (de jure) for six indicators; it does not cover the practice or implementation of the law (de facto) more than tangentially through the identification of policies and other enforcement mechanisms seen as proxies of implementation. Also, not everything of importance is covered. For example, although access to institutions includes laws covering quotas in parliament, it does not include political party laws—an important factor in determining minority representation in political parties. The indicator for access to education covers only public—not private—education. The indicator for protection from hate speech and hate crimes does not include the crime of genocide. Although genocide may be regarded as a crime inherently motivated by hate or bias, it is not in- cluded in the study because the study concerns only individually motivated crimes, not mass atrocities that constitute international crimes. Also, the study focuses on laws governing the formal economy. Although many people belonging to ethnic, religious, and sexual minorities work in the informal economy, one of the main goals of the study is to define features of the formal economy that prevent those individuals from making the transition from the informal to the formal economy. The study does not include immigrants and migrant workers unless they have been living in the country long enough to justify, on the basis international standards, the right to citizenship.27 The contribution of migrant workers to the econ- omy of the host country is undeniable. Their labor and residency rights should thus be respected. Also undeniable is the widespread discrimination suffered by those minorities. Because the primary responsibility of governments is to provide safe and equal economic environments to their citizens, however, the authors defer to the many existing studies on the cost of exclusion of migrant workers (see, for example, OECD 2014; World Bank 2010b). 21 Even if ILO Convention 169 does not define indigenous or tribal peoples, it is the only international treaty that deals with the rights of those peoples. See http://www.ilo.org/global/topics/equality-and-discrimination/indigenous-and-tribal-peoples/lang--en/. 22 For example, see General Recommendation XXVII on Discrimination against Roma, 57th session (2000), and General Recom- mendation XXIII on the Rights of Indigenous Peoples, 51st session (1997); both are available on the United Nations Treaty Body Database, http://tbinternet.ohchr.org/_layouts/treatybodyexternal/TBSearch.aspx?Lang=en&TreatyID=6&DocTypeID=11. 23 See UNOHCHR, “Combating Discrimination against Minorities”, http://www.ohchr.org/EN/Issues/Discrimination/Pages/ discrimination_minorities.aspx. 24 See UNOHCHR, “Universal Periodic Review” website, http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx. 25 Minority Rights Group International provides a nonexhaustive list of minorities in many countries on its website, http://minorityrights.org/. 26 See “EU-MIDIS: European Union Minorities and Discrimination Survey,” http://fra.europa.eu/en/project/2011/eu-midis- european-union-minorities-and-discrimination-survey. 27 On average, migrant workers around the world have to be legally employed and reside in the host country for 10 years before be- coming eligible to apply for citizenship. Thus, the project sets 10 years as the length of time after which migrant workers should be covered by the study. Anti-Discrimination Law and Shared Prosperity 11 Finally, the study does not cover customary or religious law because of their often-uncodified status and the resulting dif- ficulties in defining their rules. The survey data are current as of December 31, 2015. If a law was enacted but did not come into force before that date, the law was not included in the country data. Nonetheless, it was mentioned in the paper. V. Findings and Analysis The main goal of this paper is twofold: (a) to test six new indicators and the methodology for the collection of cross- country comparable data on discriminatory legal frameworks related to ethnic, religious, and sexual minorities; and (b) to present some findings from the data collection in six economies, highlighting some good and bad practices in the legal frameworks as they relate to equality of opportunities for minorities and their access to institutions, education, property, the labor force, social services, and protection from hate speech and hate crimes (the indicators). In doing so, the study aims to fill a gap in the existing literature related to poverty and development, which seldom looks at the issue of dis- crimination against those minorities through the prism of the effect that such exclusion might have on their economic potential and the overall cost for the country. Following is an overview of the data collected (a) in the six pilot countries through the three surveys distributed to local experts and (b) from international legal databases and human rights organizations. The results are divided by indicators. Details of the specific variables examined and the answers to the surveys may be found in appendix C. 1. Access to Institutions The access to institutions indicator explores the ability of individuals within a minority group to interact and influ- Parliaments as institutions can do more to extend ence the decision-making process of public authorities in some procedural accommodation for the participa- the same way as people belonging to the majority or ruling tion of minorities and indigenous groups in legislative minority. The indicator also covers certain fundamental process. political rights, such as the freedom of expression and free- dom of religion. Participation of minorities in all three (Inter-Parliamentary Union and the United Nations branches of government—legislative, executive, and judici- Development Programme 2010) ary—is a fundamental component of economic empower- ment. If a group is unable to gain equal access to institu- tions that determine the allocation of national resources (both monetary and nonmonetary), the allocation will likely be skewed in favor of the ruling group. Participation and representation of minorities in parliaments and local governments can affect government spending priorities toward more inclusive and equitable economic reforms. Similarly, representa- tion of minorities in the judiciary can encourage respect for antidiscrimination laws and implementation of policies pro- moting the fair allocation of resources. As stated by the Inter-Parliamentary Union, “The parliamentary representation of minorities and indigenous peoples is essential for ensuring these groups’ effective participation in public affairs” (Protsyk 2010). Such disaggregated data in national parliaments are scarce, however, forcing the Leadership Council of the Unit- ed Nations Sustainable Development Solutions Network (2015, 149) to call for action and urge states to collect such data as a necessary step toward the realization of the Sustainable Development Goals. Of the six pilot economies analyzed, none has a formal legal quota system for the minimum participation of ethnic, reli- gious, or sexual minorities in parliament. Vietnam, however, has a mechanism that allows for representation in Parlia- ment of the 54 ethnic minority groups registered in the country. The Council of Ethnic Minorities is a body consisting of 40 deputies, and its main duties are to contribute to, investigate, and oversee legal documents (laws, acts, ordinances) and legal procedures regarding ethnic affairs. As a consequence, the Vietnamese parliament has passed various pieces of legislation that target the interests of ethnic minorities (Palmieri 2010, 11). Examples include (a) Decision 1592 related to land cultivation, housing, and water required to support ethnic minority households; (b) a provision that gives priority to ethnic minorities in accessing educational facilities, and (c) a law providing for interpreters for minorities using the courts. Anti-Discrimination Law and Shared Prosperity 12 Survey results also revealed that although all six economies ratified the 1969 UN International Convention on the Elim- ination of All Forms of Racial Discrimination (ICERD)—Article 2 of which calls on all ratifying states to “prohibit and bring to an end, by all appropriate means, including legislation as required by circumstances, racial discrimination by any persons, group or organization”—only Bulgaria, Mexico, and the Netherlands have a comprehensive nondiscrimination law (see table 1). In all three of those economies, the law provides protection from discrimination on ethnic, religious, and sexual orientation grounds. Only in Bulgaria does the law also protect individuals from discrimination on gender identity grounds.28 In Morocco and Tanzania, homosexuality is a crime and, therefore, no reference to the rights of LGBTI communities exists in the legislation of those two pilot countries. Table 1: Does the Country Have an Antidiscrimination Law That Prohibits Discrimination Based on Ethnicity, Reli- gion, and Sexual Orientation or Gender Identity? Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Ethnic minorities ü ü ü Religious minorities ü ü ü Sexual orientation ü ü ü Gender identity ü Source: World Bank Equality Project. In Morocco, the only relevant law is Dahir 19-68, a 1969 royal decree giving effect to ICERD in national jurisdiction. Alt- hough Morocco is a monist state29 and thus the decree is, strictly speaking, a national law, the articles of the Convention are not as detailed as a nondiscrimination law, thus the decree can hardly be considered a sufficient tool to effectively protect the rights of ethnic, religious, and sexual minorities in the country. In addition to ratifying the ICERD, all of the pilot economies have ratified the UN International Covenant on Civil and Political Rights; the UN International Covenant on Economic, Social and Cultural Rights; ILO 100, the Convention on Equal Remuneration; and ILO 111, the Convention on Discrimination (Employment and Occupation), all of which provide some form of protection for the rights of people belonging to ethnic and religious minorities. Only Mexico and the Netherlands have also ratified ILO 169, the Convention on Indigenous and Tribal Peoples30 (table 2). 28 On March 25, 2015, the Bulgarian parliament adopted on second hearing (final) a bill to amend two provisions of the Protection Against Discrimination Act: (a) Article 9 on the shift of the burden of proof and (b) a new provision that partially defines sex as a pro- tected ground to include transgender status. New Subsection 17 in Section 1 of the Additional Provision reads, “Within the meaning of art. 4, section 1 [listing the protected grounds] the ground of ‘sex’ includes also gender reassignment cases,” http://www.equalitylaw.eu/downloads/2756-52-bg-nd-amendments-adl-adopted. 29 In a monist legal system, international law is considered joined with and part of the internal legal order of a state. In a dualist legal system, on the other hand, international law stands apart from national law, and to have any effect on rights and obligations at the national level, international law must be domesticated through legislative process. 30 Bulgaria voted in favor of adopting the 2007 United Nations Declaration on the Rights of Indigenous Peoples and ratified the Rome Convention for the Protection of Human Rights and Fundamental Freedoms in 1992. Mexico voted in favor of the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples and ratified the American Convention on Human Rights, “Pact of San Jose, Costa Rica,” in 1981. Morocco was absent during the session that adopted the 2007 United Nations Decla- ration on the Rights of Indigenous Peoples and has not ratified the African (Banjul) Charter on Human and Peoples’ Rights, as it is not a member of the African Union. The Netherlands voted in favor of the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples and ratified the Rome Convention for the Protection of Human Rights and Fundamental Freedoms in 1954. Tanzania voted in favor of the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples and rati- fied the African (Banjul) Charter on Human and Peoples’ Rights in 1984. Vietnam voted in favor of the adoption of the 2007 United Nations Declaration on the Rights of Indigenous Peoples. Although the United Nations Declaration on the Rights of Indigenous Anti-Discrimination Law and Shared Prosperity 13 Table 2: Treaties Ratified, by Country Bulgaria Mexico Morocco Netherlands Tanzania Vietnam International Convention on the ü ü ü ü ü ü Elimination of All Forms of Racial Discrimination (ICERD) International Covenant on Civil ü ü ü ü ü ü and Political Rights (ICCPR) International Covenant on Eco- ü ü ü ü ü ü nomic, Social and Cultural Rights (ICERD) Convention on Equal Remunera- ü ü ü ü ü ü tion (ILO Convention 100) Convention on Discrimination ü ü ü ü ü ü (Employment and Occupation) (ILO Convention 111) Indigenous and Tribal Peoples ü ü Convention (ILO Convention 169) Source: World Bank Equality Project. In the field of LGBTI rights, the United Nations has yet to adopt a convention against discrimination based on sexual orientation and gender identity. In June 2016, however, the UN Human Rights Council passed a resolution to appoint an “independent expert” to investigate the causes of violence and discrimination against people because of their sexual orientation and gender identity and to discuss their protection with governments.31 Although a resolution does not im- pose any legal obligation on the states, it represents a step forward toward the development of an international consensus on the need to protect sexual minorities from violence and discrimination. At the regional level, both Bulgaria and the Netherlands are bound by the European Union Directives 2000/43 (Racial Equality Directive)32 and 2000/78 (Employment Equality Directive),33 which prohibit discrimination on grounds of ethnic origin, disability, age, and sexual orientation. Mexico ratified the 1969 American Convention on Human Rights34 and the 1988 “Protocol of San Salvador,”35 which recognizes the right to work, health, and education.36 Tanzania is a party to the African Charter and ratified the 1980 African Charter on Human and Peoples’ Rights,37 which, in addition to protecting civil and political rights, recognizes the right to development (Art. 22), especially relevant for minorities. Vietnam signed the 2012 ASEAN Human Rights Declaration,38 which incorporates the principle of nondiscrimination in General Principles 2 and 9. Finally, Morocco is a party of the League of Arab States and signed—but has not rati- fied—the Arab Charter on Human Rights, which calls on ratifying states to provide equality of opportunity without dis- Peoples, as a declaration, is not a formally binding treaty, it contains rights and freedoms, such as self-determination and nondiscrimi- nation, set out in binding international human rights treaty law, of which some may be considered customary international law. 31 http://www.un.org/apps/news/story.asp?NewsID=54385#.V9M540-V-Uk. 32 http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32000L0043&from=EN. 33 http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32000L0078&from=EN. 34 http://www.oas.org/dil/treaties_B-32_American_Convention_on_Human_Rights.htm. 35 http://oas.org/juridico/english/treaties/a-52.html. 36 A recent effort that may potentially benefit minorities is the adoption of the Inter-American Convention Against All Forms of Dis- crimination and Intolerance (2013), which emphasizes that discrimination may be based on “sexual orientation, gender identity and expression, religion, and cultural identity.” The treaty has not entered into force, however, and Mexico has not ratified it. 37 http://www.achpr.org/instruments/achpr/. 38 2012 ASEAN Human Rights Declaration, http://www.iglhrc.org/sites/default/files/629-1.pdf. Anti-Discrimination Law and Shared Prosperity 14 crimination of any kind on grounds of race, sex, religion, language, political opinion, membership in a union, national origin, social origin, disability, or any other situation.39 Other results of the surveys related to access to institutions show that hidden forms of institutionalized discrimination can cause certain groups to have difficulty exercising their political rights and, as a consequence, equal access to public services. For example, in Bulgaria, regulations on the issuance of identification cards require a registered address. Those regulations adversely affect mostly Roma minorities, who often have problems obtaining housing and do not have a reg- istered address. Also, the Bulgarian Act on Social Benefits for Children, introduced in 2015, suspends child benefits for children of underage girls, affecting mostly Roma women, who tend to have children at a younger age than do women in the rest of the population. Those laws, coupled with the widely reported economic underperformance of Roma minori- ties in Bulgaria (Gatti and others 2016), give rise to interesting research questions on the correlation between seemingly neutral laws and the disproportionate effect that such laws can have on the continual economic marginalization of mi- norities in the country. Similar findings come from Morocco, where the Nationality Law of 1958, as amended in 2007, provides that Moroccan nationality is acquired by birth except when the minister of justice opposes it. The Amazigh people from the south, how- ever, usually lack birth certificates. As a result, the law setting out the requirements for foreigners to obtain Moroccan nationality—including knowledge of the Arabic language, which those ethnic minorities often do not speak—also ap- plies to them. That apparently neutral provision in the nationality law makes obtaining nationality harder for the Amazigh people than for the Moroccan Arabic majority and, as a consequence, hinders access to social services and the labor market (UNCERD 2010). In the area of cultural rights, however, Morocco has made some progress in the new 2011 Constitution by recognizing Tamazight, the language of the Amazigh people, as an official language.40 All six economies have constitutional provisions that guarantee the freedom of religion or belief;41 however, lack of har- monization with national legislation sometimes means that such rights are severely curtailed. In Morocco, although the law permits voluntary conversion, the authorities have used Article 220 of the penal code (see box 1) to actively prohibit attempts to proselytize Sunni Maliki Muslims.42 In Vietnam, the Ordinance on Belief and Religion (Ordinance 21) and government Decree 92, which implements the law, have been criticized by international observers for the excessive dis- cretion they give to the government in regulating, restricting, and forbidding the free exercise of religion or belief in the country.43 Box 1: Article 220 of the Moroccan Penal Code Article 220 of the Moroccan Penal Code states that “anyone who has impeded or prevented one or more persons from worship or from attending worship services of any religion may be punished by six-months’ to three-years’ imprisonment and a fine of 200 to 500 dirhams.” Although Article 220 appears favorable to re- ligious freedom, it applies the same penalty to “anyone who employs enticements to shake the faith of a Muslim or to convert him to another religion.” Source: Penal Code of Morocco, Art. 220 With regard to enforcement mechanisms, the surveys highlight an encouraging practice in Mexico, where the 2003 Fed- eral Law to Prevent and Eliminate Discrimination requires the judiciary and the police to receive training on existing an- 39 Art. 34 of the Arab Charter of Human Rights, http://hrlibrary.umn.edu/instree/loas2005.html. 40 Art. 5, Constitution of Morocco, 2011. 41 Bulgaria, art. 37, para. 1; Mexico, art. 24; Morocco, art. 3; the Netherlands, art. 6, para. 1; Tanzania, art. 19 (1); and Vietnam, art. 24 (2013). 42 United Nations Office of the High Commissioner for Human Rights, Doc. A/HRC/WG.6/13/Mar/3, Summary Prepared by the Office of the high commissioner for human rights in accordance with paragraph 5 of the annex to Human Rights Council Resolution 16/21 Morocco, Para. 42. 43 United Nations Doc. A/HRC/28/66/Add.2, Report of the special rapporteur on freedom of religion or belief, Heiner Bielefeldt, Addendum, Mission to Vietnam (July 21–31, 2014). Anti-Discrimination Law and Shared Prosperity 15 tidiscrimination legislation. No other country studied shows a similar commitment to training the front-liners. Also, all economies except Vietnam have established a specialized body to receive complaints for violations of human rights. In Bulgaria, Mexico, and the Netherlands, those human rights bodies hear complaints of discrimination against ethnic, reli- gious, and LGBTI groups. The Commission for Human Rights and Good Governance in Tanzania hears complaints of discrimination only on ethnic and religious grounds. In Morocco, the National Council for Human Rights is concerned mostly with the rights of women, children, persons with disabilities, detainees, and migrant workers.44 The newly estab- lished Authority for Equality and the Combat of All Forms of Discrimination addresses discrimination based on ethnic and religious grounds but does not include a judicial mandate to hear complaints45 (see figure 2). Figure 2: Does the Country Have a Specialized Body Tasked with Hearing Complaints of Discrimination against Ethnic, Religious, or Sexual Minorities? Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Ethnic minorities Religious minorities Sexual orientation Gender identity Source: World Bank Equality Project. This brief overview of the results of the sections of the three surveys covering access to institutions enables one to make a few general considerations. First, all countries have some provisions to protect the rights of ethnic and religious minori- ties, but the level of protection varies greatly, with some countries directly or indirectly discriminating against those groups through other national legislation and other countries lacking appropriate legislation. Second, LGBTI communi- ties are the least protected under the law, particularly in countries such as Morocco46 and Tanzania,47 where homosexual- ity is criminalized. Bulgaria is the only economy that has passed a comprehensive law that protects against discrimination on both sexual orientation and gender identity grounds. Finally, enforcement mechanisms for the implementation of nondiscrimination legislation are scarce and do not always equally address the needs of all targeted groups. 44 United Nations Doc. A/HRC/WG.6/13/MAR/1, National report submitted in accordance with paragraph 5 of the annex to Hu- man Rights Council resolution 16/21, March 8, 2012, para. 20. 45 HuffPost Moroc, Le projet de loi sur l’Autorité pour la parité adopté (May 10, 2016), http://www.huffpostmaghreb.com/2016/05/10/loi-autorite-parite-maroc_n_9886560.html. 46 Penal Code (2015), art. 489. 47 Penal Code of 1945, art.154 and art. 157. A careful analysis of the law suggests that only gay, not lesbian, relationships are prohibit- ed under the law. Anti-Discrimination Law and Shared Prosperity 16 2. Access to Education Receiving a good education is arguably the most im- portant factor for the development of a child into a “Education is key to a better life and the foundation of every mature and productive member of society. If children strong society—but far too many children are still being left receive substandard education and are discriminated behind. To realize all our development goals, we need every against throughout their formative years, they will not child in school and learning.” develop the skills and the confidence they need to be competitive in the labor market.48 That is especially Anthony Lake, executive director, UNICEF (UNICEF 2015) true in today’s emerging knowledge-based global economy, and numerous studies demonstrate that learning and skills play an increasingly important role in shaping prospects for economic growth, shared prosperity, and poverty reduction (Leitch 2006; Sapir 2003). Unfortunately, the United Nations Educational, Scientific, and Cultural Or- ganization (UNESCO 2010, 5) reports, “Around a third of all children in developing countries, or 175 million annually, enter primary school having experienced malnutrition that irreparably damages their cognitive development.” Often, such deprivation is the consequence of circumstances beyond the control of the children and their families. “Marginalization in education is the product of inherited disadvantage, deeply ingrained social processes, uneven power relationships, unfair economic arrangements—and bad policies. The overall effect of marginalization is to restrict opportunity as a result of cir- cumstances over which children have no control, such as parental wealth, gender, ethnicity, and language” (UNESCO 2010, 272). The access to education indicator examines legislation related to the access of minority groups to education and whether those laws differ from those applicable to the majority groups. In some countries—such as the Netherlands—education is well developed and offers children and their families a variety of educational curricula and the opportunity to choose a school according to one’s ethnic, religious, and cultural preferences.49 Liberal legislation in education, however, is not necessarily a guarantee of equal opportunity for all, as demonstrated by the recent discussions in the Netherlands on the segregation of children of Moroccan, Turkish, Surinamese, and Netherlands Antillean origins to so-called black schools (Hamilton 2015) (see box 2). In addition to identifying the minority gap in accessing education, the indicator attempts to measure the quality of edu- cation and, in particular, the quality of the national school curriculum. That measurement is very important in overcom- ing prejudicial attitudes. A national study on structural discrimination in education in Pakistan highlights the many ways in which prejudice against religious minorities is reinforced by biased and outdated curricula that contain stereotypes of non-Muslims. The U.S. Commission on International Religious Freedom found that textbooks used in Pakistani prima- ry and secondary schools foster prejudice and intolerance of religious minorities, especially Hindus and Christians (Hussain and Salim 2011, 9). According to its report, Hindus are repeatedly described in social studies textbooks as ex- tremists and eternal enemies of Islam (Hussain and Salim 2011, 15). Finally, the sections of the three surveys covering access to education attempt to capture discrimination or nondiscrimination laws and policies at all stages of education, including primary, secondary, and tertiary education. That distinction is motivated by the vast literature in the field that suggests that intervention at the early stages of a child’s education is important to address systematic inequalities (Human Rights Commission of New Zealand 2012, 30; see also Bishop 2010, 61). 48 For more information on the importance of quality education, see Sustainable Development Goal 4: Quality Education, http://www.un.org/sustainabledevelopment/education/. 49 Center on International Education Benchmarking, “System and School Organization,” http://www.ncee.org/programs- affiliates/center-on-international-education-benchmarking/top-performing-countries/netherlands-overview/netherlands-system-and- school-organization/. See also Patrinos (2014). Anti-Discrimination Law and Shared Prosperity 17 Box 2: The “Black Schools” of the Netherlands Parental choice regarding education in the Netherlands is sacrosanct. This derives partly from Article 23 of the Constitution, which was passed in 1917 and guaranteed equal government funding for both public and pri- vate schools, including denominational schools and institutions following specific pedagogical principles, such as Montessori schools. That system worked in the past, when schools were divided into Catholic, Protestant, and public schools. Following the influx of low-skilled immigrants in the 1950s and 1960s, however—especially Surinamese and Antilleans from former Dutch colonies, Moroccans, and Turks—native Dutch parents began selecting schools that were attended mostly by native-Dutch children, segregating the children of immigrants to predominantly “black” schools. Today, approximately 500 black schools operate in the Netherlands. (Ham- ilton 2015) According to Mohammed Jaater, the policy assistant for the Department of Education: “Even though a school is not allowed to officially refuse children, it may use many strategies to deter certain families from bringing their child to a school. Schools may emphasize the identity of the school. For example, a school with a partic- ular religious affiliation may place obstacles in the way of Muslim families. Also, many immigrant families are deterred by schools’ requests for high voluntary monetary donations. While giving money is never required, schools may choose not to emphasize this fact when addressing ethnic minorities. Currently, schools are not made accountable for their selection process so there is often no accurate documentation available which one may consult in cases of presumed (instrumental) discrimination.” Source: Arts and Nabha (2001) In Bulgaria, nearly 25 percent of Roma children ages 7–15 have never attended school, compared with 12 percent of ethnic Turks and only 6 percent of ethnic Bulgarians. Further, about 70 percent of ethnic Turks and 93 percent of Ro- ma have not completed secondary education. By comparison, only 30 percent of ethnic Bulgarians have not completed secondary education (World Bank 2015c). Also, as shown in table 3, all economies surveyed have a law prohibiting dis- crimination on ethnic and religious grounds in education. Only Bulgaria and the Netherlands explicitly prohibit discrim- ination on sexual orientation and gender identity grounds, however.50 In Morocco, worth noticing is the 2003 Circulaire Ministérielle 108, which introduced the teaching of Amazigh language in primary schools.51 According to UNESCO, the reform contributed to increased school attendance, with the percentage of children who had never been to school falling from 9 percent in 2003 to 4 percent in 2009.52 Table 3: Does the Law Explicitly Prohibit Discrimination on Ethnic, Religious, Sexual Orientation, and Gender Iden- tity Grounds in Education? Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Ethnic minorities ü ü ü ü ü ü Religious minorities ü ü ü ü ü ü Sexual orientation ü ü Gender identity ü ü Source: World Bank Equality Project. 50 Bulgaria explicitly prohibits discrimination in education based on sexual orientation and gender identity grounds in the Protection Against Discrimination Act but not in its education law. Bulgaria recently passed a law on preschool and school education which en- tered into force in August 2016. Although articles 3, 4, 5, and 7 of the law include various antidiscrimination provisions, they do not explicitly mention LGBTI communities as a protected group. http://www.mon.bg/?go=page&pageId=7&subpageId=57. 51 Circulaire ministérielle 108, 2003. 52 UNESCO 2014. Anti-Discrimination Law and Shared Prosperity 18 In the realm of enforcement mechanisms, a good example comes from Vietnam, where the Education Act of 2005 pre- scribes nomination quotas53 for admission to secondary education and university for children belonging to ethnic minor- ities.54 Also, article 61 of the same law calls on the government to establish and give priority in the budget allocation to boarding schools and pre-university schools for ethnic minority children.55 That law has guaranteed access to education and skills development for many traditionally marginalized children and has increased their chances of being competitive in the labor market. In Bulgaria, the Action Plan for the Implementation of the National Roma Integration Strategy sets out a detailed program to promote the right to equal access to quality education and integration of Roma children and students in kindergartens and schools.56 Also, in Bulgaria and Mexico, the laws require the reform of outdated curricula that include prejudicial language against minorities and the training of primary and secondary education teachers on nondiscrimination.57 To evaluate the efforts of the pilot economies in sensitizing students to the principles of equality, the surveys also included a question on the teaching of cultural sensitivity courses in primary, secondary, and tertiary schools. Although the approaches vary, Bulgaria, Mexico, the Netherlands, and Vietnam have policies that attempt to educate students about human rights and nondiscrimination. No similar provisions could be identified in Morocco and Tanzania. As revealed by the results of the surveys, all of the pilot economies have taken some positive steps to improve access to education for minorities; however, gaps remain. Especially in the realm of LGBTI rights, lack of protective legislation for sexual minorities may be a factor contributing to the widely reported discrimination against LGBTI individuals in schools.58 In a recent assessment of the protection of LBGTI individuals in Vietnam, the U.S. Agency for International Development reports: “In summary, education institutions are not safe for LGBT students due to the lack of anti- bullying and non-discrimination policies. Furthermore, education on sex and on sexual orientation and gender identifi- cation (SOGI) is still limited in Vietnam and are considered sensitive topics that teachers usually avoid. There are also no government initiatives to teach diversity and tolerance, or interpersonal skills.” (UNDP and USAID 2014, 28). 3. Access to the Labor Market Access to the labor market is the most intuitive of the indicators. When individuals are prevented from obtaining and keeping a job because of a cultural prejudice against their ethnicity, religion, sexual orientation, or gender identity—not because of their skills or performance—human capital is wasted, resources are not efficiently allocated, and the economy as a whole suffers. Also, if people are discriminated against in the workplace, their productivity decreases, and unem- ployment grows as people are discouraged from applying for a job because of fear of discrimination and distrust in the labor market. Employment discrimination also burdens the employer who, by giving up productive minority employees, must bear higher average labor costs and lose profit opportunities (Hanouz 2015). That situation causes higher levels of unemployment and consequential costs for the economy. Nonetheless, discrimination against minorities in the work- place is widely acknowledged and documented.59 53 Article 1.1 of Decree 49/2015/ND-CP defines nomination as follows: “Nomination means the enrollment of students into profes- sional secondary education, college, and university without taking enrollment examination in order to train public officials according to the tasks, job positions, and payroll norms; to train public employees according to working demand, job positions, professional title standards, and salary fund of public administration units for areas meeting with extraordinary socio-economic difficulties and ethnic minorities with no or few officials of college, university, or professional secondary education degrees.” Given the above definition, “nomination quotas” in the context of Article 90.2 of Law on Education 2005 means the maximum number of students who may be enrolled into professional secondary education, college and university without taking an enrollment examination, which the State sets aside for an ethnic minority. 54 Education Law (2005), art. 90 para 1. 55 Education Law (2005), art. 61. 56 “Action Plan for Implementation of the National Roma Integration Strategy of the Republic of Bulgaria (2012–2020) and the Dec- ade of Roma Inclusion 2005–2015,” http://www.romadecade.org/cms/upload/file/9305_file2_bg-action-plan-updated.pdf. 57 See art. 35, para. 1 and 3, Protection Against Discrimination Act, Bulgaria; and art. 8 and art. 12, para. 3, General Education Law, Mexico. 58 Bulgaria recently enacted the new Primary and Secondary Education Act. The law entered into force on August 1, 2016, and in- cludes provisions for the protection of LGBTI individuals in education. 59 See the International Labour Organization NATLEX database, which contains national laws regarding equal opportunity in em- ployment and occupation, including specific laws on ethnic minorities or indigenous peoples, at http://www.ilo.org/natlex. See also OECD (2008) and ILO (2015). Anti-Discrimination Law and Shared Prosperity 19 In the United Kingdom, a test commissioned by the Department for Work and Pensions found that people with minori- ty ethnic or foreign-sounding names are one-third less likely to be shortlisted for jobs than people with “white”-sounding names (Wood and others 2009). Also in the United Kingdom, among those age 16 years old and older, almost all ethnic minority groups have a higher proportion of their male population unemployed than do their white counterparts (Sims 2012, 11). In the United States, the General Society Survey, a national probability survey representative of the U.S. pop- ulation, reports that, between 2003 and 2008, 38 percent of the lesbian, gay, and bisexual people who were open about their sexual orientation in the workplace and 78 percent of transgender people experienced at least one form of discrimi- nation, be it in hiring, promotion, or job retention (Sears and Mallory 2011). In Belgium in 2009, 45 percent of all em- ployment discrimination complaints received by the Centre for Equal Opportunities and Opposition to Racism were race related; of those, 36.5 percent concerned access to employment and 56.1 percent concerned conditions of work (ILO 2011a, 28). The access to the labor market indicator identifies restrictions to accessing the job market, such as limitations to certain forms of discriminatory employment or hiring practices, and the existence of workplace protections for people belonging to ethnic, religious, and sexual minorities. The surveys revealed that all six pilot economies have constitutional provisions or national laws that prohibit discrimination in the workplace on ethnic and religious grounds.60 In Bulgaria, Mexico, and the Netherlands, that prohibition also applies to sexual orientation,61 and in Bulgaria, it also applies to gender identi- ty. All of the pilot economies prescribe equal remuneration for work of equal value for individuals belonging to religious and ethnic minorities. The same applies to LGBTI communities in Bulgaria, Mexico, and the Netherlands.62 The sur- veys also found that, in 2014, the government of the Netherlands passed a comprehensive action plan against labor mar- ket discrimination, targeting discrimination on the grounds of age, disability, race or ethnic origin, gender, and sexual orientation. The plan includes a wide range of measures, including the creation of the Labor Market Discrimination Team, which is charged with visiting companies to check on whether they have an effective antidiscrimination policy in place (Holtmaat 2016). Even where nondiscriminatory labor laws exist, they will be effective only if the states ensure that no other barriers—such as high legal or administrative fees, lack of language interpreters, or other procedural hurdles—prevent or discourage mi- norities from lodging a claim for employment discrimination (see box 3). As stated by the United Nations Rule of Law Indicators’ report on access to justice, administrative hurdles and lack of transparent procedures can prevent a victim of discrimination from obtaining remedy.63 The indicator for access to labor thus aims to assess the access to remedies for individuals who have been subject to employment discrimination and examines the ease of bringing a claim for employ- ment discrimination on racial, religious, or sexual grounds in the public sector. Given the growing role of companies in the global economy, the indicator also assesses whether corporations have effective mechanisms for filing and addressing grievances from employees and communities that may be discriminated against by the companies’ operations. In that regard, the surveys revealed that all six economies have laws that allow an employee to bring a claim for employment dis- crimination on ethnic and religious grounds in both the private and public sectors. In Bulgaria, Mexico, and the Nether- lands, that holds true also for claims of employment discrimination on sexual orientation and gender identity grounds (see table 4). 60 Bulgaria, Labor Code (1992), Art. 8, Para 3; Mexico, Federal Labor Law (1970), Articles 3, 133; Morocco, Labor Code (2011), Art. 9; the Nether- lands, Equal Treatment Act (1994), Sec. 5(1); Tanzania, Employment and Labour Relations Act, (2004), Art. 7(4); Vietnam, Labor Code (2012), Art. 8. 61 Bulgaria, Labor Code (1992), Art. 8, Para 3; Mexico, Labor Law (1970), Articles 3, 133; the Netherlands, Equal Treatment Act (1994), Sec. 1(1)(b). 62 Protection Against Discrimination Act (2004), Art. 12, Para. 1 and Art. 4, Para. 1 63 The United Nations Rule of Law Indicators is a tool for assessing the rule of law in post-conflict situations. See UNOHCHR (2011). Anti-Discrimination Law and Shared Prosperity 20 Box 3: Article 283(12) of the Mexican Federal Labor Act Indigenous workers in the rural economy are particularly vulnerable to labor rights violations, the lack of training on rights and entitlements being one reason. In Mexico, 2012 amendments to the Federal Labor Act have introduced a provision requiring employers to use interpretation services when rural workers do not speak Spanish. Mexico has also launched a specific program to disseminate information on the rights of daily agricultural workers through community leaders and local authorities. Source: Federal Labor Act of Mexico, Art. 283(12) Table 4: Does the Law Allow an Employee to Bring a Claim for Employment Discrimination on Religious, Ethnic, Sexual Orientation, or Gender Identity Grounds in the Public and Private Sectors? Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Ethnic minorities ü ü ü ü ü ü Religious minorities ü ü ü ü ü ü Sexual orientation ü ü ü Gender identity ü ü ü Source: World Bank Equality Project. Recently, the International Labour Organization highlighted a global trend in nondiscrimination legislation in the work- place that shifts the burden of proof to the employer in cases of alleged discrimination (ILO 2011b, x). The survey re- sults show that Bulgaria, Mexico, the Netherlands, and Tanzania are in line with such international trends. In all four economies, once an employee has brought a claim for discrimination, the burden of proof shifts to the employer, who must demonstrate that discrimination did not take place. Vietnam’s new Civil Proceedings Code adopts a hybrid ap- proach. According to the new law, the burden of proof shifts to the employer when the employer is the repository of the evidence or, in other words, holds the documentation related to the employment claim.64 At present, Morocco has no similar forms of protection for its employees. Discriminatory hiring practices, unfair labor treatment, and prejudicial attitudes toward certain minority groups may hinder their full participation in the labor market, wasting their potential and lowering the competitiveness of the econ- omy. Survey results suggest that legislation in the field of nondiscrimination labor law is fairly well developed in all six economies. Interestingly, despite the fact that such economies have profoundly different legal traditions, they are adopt- ing similar forms of enforcement mechanisms to implement the laws. Certainly, that trend is a reflection of the work of international organizations such as the International Labour Organization that have tirelessly worked for many years on the promotion of labor standards and harmonization of the law in that field. As mentioned, however, discrimination against minorities in the workplace is still a reality, which suggests that stronger enforcement mechanisms must be put in place to ensure equal opportunity in the labor market. Figure 3 shows that, as with the results of the surveys related to the previous indicators, the weakest body of law protecting access to the labor market is that related to LBGTI commu- nities. In Morocco and Tanzania—where homosexuality is a crime—all existing protective legislation in the workplace applies only to ethnic and religious minorities. 64 Decree 92/2015/QH13 on Civil Procedures Code (2015), Art. 91(1)(b), effective July 1, 2016. Anti-Discrimination Law and Shared Prosperity 21 Figure 3: Legal protection in the workplace Protection against discrimination on ethnic grounds Protection against discrimination on religious grounds Protection against discrimination on sexual orientation Protection against discrimination on gender identity grounds Protection for equal remuneration regardless of ethnicity Protection for equal remuneration regardless of religion Protection for equal remuneration regardless of sexual orientation Protection for equal remuneration regardless of gender identity Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Source: World Bank Equality Project. 4. Access to Property Access to property is the cornerstone of economic security. Land ownership is important not only as a means of capital accumulation but also as a source of income. Moreover, property reinforces bargaining power and agency. In addition, the ability to leverage property as collateral is important for obtaining credit and starting a business. The access to property indicator seeks to capture the minority gap in the ability to own, manage, control, and inherit real property and to register and transfer a private business. The initial findings show that, although many property-related laws are apparently minority neutral, hidden regulations and gaps in the law are at the root of many forms of indirect discrimination regarding access to land and property rights. In Mexico, “inequality has a particular effect on the most vulnerable sectors of the population, such as indigenous peoples—among whom the Around one-quarter of the world’s urban population continues poverty rate is four times higher” (Inter- to live in slums and informal settlements. An increasing number of urban dwellers, especially the most poor and vulnerable American Commission on Human Rights 2015, groups, are living in precarious conditions, addressing their 42). Article 27 of the Mexican constitution rec- housing needs informally, lacking access to basic services and ognizes indigenous peoples’ lands, protects their living space, isolated from livelihood opportunities and vulnera- property, and grants them preferential rights ble to forced evictions or homelessness. … Efforts to improve over their traditionally occupied territories. Still, access to adequate housing for women, migrants, refugees, the struggle remains in the way the property law people with disabilities, indigenous and minorities have made translates into inclusion and economic empow- little progress so far. (UN Habitat 2015) erment. Mexico has not implemented a law on free, prior, and informed consultation of indige- nous peoples regarding development projects that are implemented in their territories or that affect them in a direct manner. That situation has a negative effect on their use of their land and property by causing instability. The Inter-American Commission on Human Rights acknowl- Anti-Discrimination Law and Shared Prosperity 22 edged the problem in the latest human rights report on Mexico: “The granting of permits or concessions in or around indigenous lands without free, prior, and informed consent has triggered social unrest and even violence” (2015, 120). Another finding related to access to indigenous land concerns Tanzania, where the hunter-gatherer Akie and Hadzabe and the pastoralist Barabaig and Maasai tribes face similar insecurity in land tenure as a consequence of discriminatory land legislation. As reported by the International Work Group for Indigenous Affairs (IWGIA), those four peoples “all share a strong attachment to the land, distinct identities, vul- nerability, and marginalization. They also experience similar Social protection policies directly improve resili- problems in relation to tenure insecurity, poverty, and inade- 65 ence by helping people insure against drops in quate political representation.” The 1999 Village Land Act well-being from a range of shocks and improve allows rural people to formalize their land holdings by register- equity by reducing poverty and destitution and ing their land as “village land.” The law grants indigenous peo- promoting equality of opportunity. (World Bank ples little real tenure security however, because the law also 2012) provides that all lands, including “village land,” are “public land vested in the President as trustee for and on behalf of all citizens of Tanzania.”66 These provisions could potentially allow a head of state to convert village land into general public land or reserved land on the grounds of “public interest”67 or because the land is considered to be “hazard land” (IWGIA 2016, 23).68 This can weaken land security for pastoralists and hunter-gatherers who can be evicted on these grounds without any guarantee that the land will be used for the public interest. Although the new draft constitution grants wider recognition of the rights of indigenous populations, it leaves unchanged the grounds of eviction under the Village Land Act (IWGIA 2015b). With regard to access to housing, discrimination against LGBTI communities often is a reality in all six pilot economies covered by the study. In Tanzania, because of the criminalization of homosexuality, LGBTI individuals often are denied rental housing. According to the chief operations officer of Amka Empowerment, a nonprofit organization that focuses on health and human rights issues of sexual minorities and sex workers in Tanzania, “Almost all house owners don’t ac- cept LGBT people” as tenants and “take it as a curse to their house to rent [to] LGBT.”69 Detecting institutionalized discrimination against ethnic, religious, and sexual minorities in the area of access to property is more challenging than in the other indicators. Some forms of legal discrimination could be identified, but discrimina- tion in this sector often happens in practice through de facto discriminatory behaviors by property managers and owners. The laws on contract formation, licensing, and inheritance also seem to be, for the vast majority, neutral with regard to ethnicity, religion, sexual orientation, and gender identity. Those results suggest the need for more targeted legislation to discourage discriminatory behaviors and to guarantee equal access to property, which is key in promoting financial stabil- ity and equal access to public services and social safety nets for vulnerable populations. 5. Access to Public Services and Social Protection Social protection can be defined as “all public and private initiatives that provide income or consumption transfers to the poor, protect the vulnerable against livelihood risks, and enhance the social status and rights of the marginalized; with the overall objective of reducing the economic and social vulnerability of poor, vulnerable, and marginalized groups.”70 World Bank Group research has consistently reaffirmed the importance of social protection in achieving the twin goals of “reducing extreme poverty” (World Bank 2014, 33) and helping “achieve visible impacts in terms of reducing inequal- 65 International Work Group for Indigenous Affairs, “Indigenous Peoples in Tanzania,” http://www.iwgia.org/regions/africa/tanzania. 66 See Village Land Act, Part II. 67 See Village Land Act, part III on Transfers and Hazard Land, section 4 (I). 68 Hazard land is land that, if developed, may endanger life or lead to degradation or environmental destruction. 69 Correspondence from the chief operations officer of Amka Empowerment to the Research Directorate, Immigration and Refugee Board of Canada, July 28, 2014, http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search&docid=540421f24&skip =0&query=AMKA. 70 This definition is from the Food and Agriculture Organization of the United Nations (FAO 2015), quoting Devereux and Sa- bates‐Wheeler (2004, 9). For a more thorough discussion about the differences between social protection, social security, social insurance, and social safety nets, see Morlachetti 2015 (2–4). Anti-Discrimination Law and Shared Prosperity 23 ity” (World Bank 2015b, 48). Although a rapid expansion of social assistance programs has taken place in developing countries over the past 15 years (Morlachetti 2015, 4), not everyone is benefiting equally from those programs. The United Nations reports, “Because indigenous peoples often engage in informal work, they tend to lack coverage under existing social security schemes and, even where covered, they may not meet the conditions for the realization of their entitlements or are unable to access effectively programs and benefits (e.g., due to geographical and linguistic barriers, lack of adequate infrastructure)” (United Nations Inter-Agency Support Group on Indigenous Issues 2014, 9). The indicator for access to public services and social protection examines the ability of individuals belonging to a minori- ty group to access public services and social protections—including health care, social housing, electricity, water supply, microcredit, subsidized health insurance, social pensions, and child benefits—in the same way as does the dominant population in the country. The indicator also attempts to capture whether laws encourage nongovernmental organiza- tions (NGOs) to provide similar services and whether the government imposes funding limitations on the provision of such services and allows tax deductions for donations to such NGOs. The data show that Bulgaria, Mexico, and the Netherlands have comprehensive legal frameworks for nondiscrimination against minorities in the provision of social services. As shown in figure 4, those three economies prohibit discrimination (either in a clause in the constitution, in their respective nondiscrimination laws, or in a specific law that regulates each of the social services) in access to health care, housing, electricity, water supply, microcredits, health insurance, and social pensions. The Protection Against Discrimination Act of Bulgaria and the Equal Treatment Act of the Netherlands also prohibit discrimination against ethnic and religious minorities and LGBTI communities in obtaining child benefits. Mo- rocco and Vietnam prohibit discrimination against minorities in the provision of some but not all of those services. In Tanzania, where the indigenous pastoralists and hunter-gatherers have little access to basic public services—such as edu- cation, health care, and water (IWGIA 2015a, 86–88)—no relevant laws could be identified.71 Figure 4: Does the Law Prohibit Discrimination against Ethnic and Religious Minorities and LGBTI Groups in Ob- taining Social Protection Floors? Health care Social housing Electricity Water supply Microcredits Health insurance Social pensions Child benefits Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Source: World Bank Equality Project. Note: Services listed are covered by the surveys; however, the list is not exhaustive, and the economies may have legal provisions prohibiting discrimination in obtaining other forms of social services. No relevant laws were found in Tanzania. 71 For a detailed analysis of Tanzania’s social protection framework, see ILO (2008). Anti-Discrimination Law and Shared Prosperity 24 The case of Mexico is particularly interesting. First, Mexico has a comprehensive constitutional framework that covers economic and social rights. Also, its Federal Law to Prevent and Eliminate Discrimination prohibits discrimination in obtaining those services for religious minorities, ethnic minorities, and LGBTI persons. In addition, Mexican laws on social security, health, housing, water, electricity, and financial services all contain an article that prohibits discrimination in the provision of the respective services. In Morocco, the only relevant provision is Article 31 of the constitution, which guarantees equal access of its citizens to health care, housing, water supply, health insurance, and social pensions. Article 31 does not address equality in the pro- vision of financial services, but the country has adopted a law on microcredits—Dahir 1-99-16 of 1999, modified by Dahir 1-04-12 of 2004—which provides for the disbursement of up to DH 50,000 to destitute people to help them ei- ther start a business for the production of goods or services, improve their housing conditions, or gain access to electricity and clean water.72 Although the law does not refer specifically to minorities, many of the minorities are among the poor- est in the country and are therefore covered by the law.73 In Vietnam, the 2013 constitution includes some—but not all—of the social services covered by the study. In particular, the Vietnamese constitution regulates health care and health insurance (Articles 38 and 58), welfare, social security, and housing (Art. 59). Despite such constitutional protections, other national laws in Vietnam limit access to social services for ethnic minorities in the country. In particular, the hộ khẩu, or system of household registration, represents a barrier to ethnic minorities, especially children, to obtaining access to education, health insurance, and other services74 (see box 4). Box 4: Vietnamese Household Registration System The hộ khẩu, or system of household registration, was established by law in 1964 and stated that every citi- zen was to be registered as a resident in one and only one household at the place of permanent residence, and movements could take place only with the permission of authorities. Registration was linked to the pro- vision of public services and employment. As shown in a recent World Bank Group report on Vietnam’s Household Registration System, although the system has become less rigid over time, concerns persist that hộ khẩu limits the rights and access to public services of those who lack permanent registration. Incidentally, extremely few ethnic minorities are permanent registrants—just 1.8 percent of the overall permanent regis- trant population. (Nationally, ethnic minorities constitute approximately 14 percent of the population.) Eth- nic minorities are a much larger fraction of temporary registrants. Children with temporary registration are substantially less likely to be enrolled in school at the lower and upper secondary levels, even after control- ling for individual and household characteristics. Also, despite a national policy of free health insurance for children under age 6, one-quarter of temporary registrant children in that age group lack health insurance. Qualitative evidence indicates that this is due in part to their registration status. Some temporary registrants also face obstacles in designating a local facility as their health care location, which means that they pay high- er fees for health care. Additionally, qualitative evidence suggests that policies on whether temporary regis- trants can qualify for social assistance are inconsistent. Temporary registrants are slightly less likely than comparable permanent registrants to appear on the “poor list,” but overall rates of appearing on the poor list and receiving most forms of social assistance are low (regardless of registration status) in areas where temporary registrants live. Temporary registrants also face difficulties in conducting basic government pro- cedures such as registering a motorcycle. Source: World Bank and Vietnam Academy of Social Sciences (2016) 72 Dahir 1-99-16 of February 5, 1999, promulgating the law 18-97 related to microcredit, http://81.192.52.100 /BO/Fr/1999/BO_4678_Fr.pdf; and Dahir 1-04-12 of April 21, 2004, promulgating the law 58-03 modifying and supplementing the law 18-97 related to microcredit, http://www.albaraka.ma/portail-des-administrateurs/wp-content/themes/albaraka/textes %20reglementaires/Dahir%20Loi%20microcr%C3%A9dit/Dahir%201-04-12.pdf. 73 World Bank 2011, 103. 74 World Bank and Vietnam Academy of Social Sciences 2016, XI. Anti-Discrimination Law and Shared Prosperity 25 As shown previously, even when laws are neutral, minorities tend to have less access to property be- LGBT individuals are at particular risk of targeted violence cause of de facto discrimination by property manag- at the hands of private actors. Homophobic and tran- ers and owners. As a consequence, minorities tend to sphobic violence has been recorded in all regions. Such depend more on public housing. Survey results in violence may be physical (including murder, beatings, kid- Bulgaria reveal that the government has created a nappings, rape, and sexual assault) or psychological (in- cluding threats, coercion, and arbitrary deprivations of policy to address the issue. The National Roma Inte- liberty). (UN Office of the High Commissioner for Human gration Strategy aims to improve the living condi- Rights 2012) tions of neighborhoods with a high density of Roma people and other ethnic minorities. The strategy in- cludes building public housing and undertaking other measures to increase the ability of Roma populations and other ethnic minorities to acquire public services and social protection floors, such as preventive maternal and child care, health services, health awareness and information, and health insurance for long-term unemployed persons. In Morocco, Article 3 of the Associations Act, as amended in 2002, imposes indirect restrictions on the access to services for people belonging to religious minorities. According to that article, “An association that is founded for illegal purpose or goal contrary to the public morals or that may aim at violating the Islamic religion or the unity of the national soil or the royal regime or may call on all forms of discrimination will be invalid.”75 Although Article 3 can be justified by the government’s need to restrict the operations of extremist religious groups, it is debatable whether such wide government discretion on the formation of religious associations in general is conducive to equal opportunity and the protection of religious freedom in the country.76 Finally, public services and social protection can be enhanced by the work of NGOs locally. Data collection from the six economies revealed that none of them impose direct funding limitations to the work of NGOs. In Morocco and Tanza- nia, however, where homosexuality is criminalized, the law applies only to the work of NGOs dealing with the interest of ethnic and religious minorities but not the interests of sexual minorities. This situation can have some serious conse- quences for the LGBTI community. Despite having the fourth-highest number of deaths from AIDS in the world, Tan- zania does not provide specialized HIV services to LGBTI individuals (Human Rights Watch 2013). This survey of the laws on provision of public services and social protection in the six economies has shown that most countries acknowledge the importance of providing citizens basic access to public services and social protection, with some countries addressing discrimination in some but not all of the public services and social protection floors covered by the study. A notable exception on this topic is Tanzania, where the law is much less developed. In Vietnam, nondis- crimination provisions in obtaining public services are present, but indirect discrimination occurs as a consequence of other national laws that limit access of ethnic minorities in the country to certain public services.77 6. Protection from Hate Crimes or Hate Speech The indicator for protection from hate crimes or hate speech examines the existence of laws and mechanisms that prose- cute hate crimes and laws that prosecute hate speech and provide protection for individuals belonging to ethnic, reli- gious, and sexual minorities (see box 5). In addition to being a violation of the fundamental rights of every human being 75 International Center for Not-for-Profit Law, Morocco Act on the Right of Association, http://www.icnl.org/research/library/files /Morocco/Act-2002-en.pdf. 76 For example, see UNCERD (2010). 77 Worth mentioning is that the government of Vietnam has recently taken the initial steps toward an alternative system that could ultimately supplant the household registration system. Under the Law on Civil status, which came into effect at the beginning of 2016, the government is establishing a national population database and a citizen identification card with a citizen identification number linked to the database. The national database will hold basic information on each individual, including gender, ethnicity, and marital status. It will also include place of permanent registration and current residence. Public officials have described a gradual ex- pansion of the system, with citizen identification cards linked to the national database largely replacing other administrative papers, such as the hộ khẩu booklet. See World Bank and Vietnam Academy of Social Sciences 2016, http://documents.worldbank .org/curated/en/158711468188364218/pdf/106381-PUB-P132640-ADD-ISBN-ON-BACK-COVER-PUBLIC.pdf; See also World Bank and Ministry of Planning and Investment of Vietnam 2016, https://openknowledge.worldbank.org/handle/10986/23724 Li- cense: CC BY 3.0 IGO. Anti-Discrimination Law and Shared Prosperity 26 to life and security,78 violence against minorities (in the case of hate crimes) affects the economic outcomes of individuals and of the country as a whole (Crehan and McCleary-Sills 2015, 6). Countries that criminalize homosexuality also have costs associated with police enforcement, judicial proceedings, and incarceration. In the particular case of transgender prisoners, for example, reports reveal that they are susceptible to abuse when they are placed within the general prison population, and avoiding the abuse increases the costs associated with the incarceration of those individuals (UNOHCHR 2012, 24). A recent World Bank study on the cost of discrimination against LGBT people in India esti- mates that the cost of violence against LGBT people in the country could be as high as US$30.8 billion (Badgett 2014). Box 5: What Are Hate Crimes and Hate Speech? Hate crimes are criminal acts motivated by bias or prejudice toward particular groups of people. To be con- sidered a hate crime, the offense must meet two criteria: First, the act must constitute an offense under criminal law; second, the act must have been motivated by bias. Bias motivations can be broadly defined as preconceived negative opinions, stereotypical assumptions, intolerance or hatred directed to a particular group that shares a common characteristic, such as race, ethnicity, language, religion, nationality, sexual ori- entation, gender, or any other similar common factor. Source: OSCE (2009) As shown in table 5, data gathered by the study show no uniformity among the pilot economies in confronting the issue of bias-motivated crimes. In general, three different approaches were found: (a) countries with specific legislation con- cerning hate crimes and laws concerning hate speech (Bulgaria); (b) countries with legislation regarding hate speech but no laws related to hate crimes (Mexico, Morocco, the Netherlands, and Vietnam); and (c) countries with no legislation regarding either hate crimes or hate speech (Tanzania). One good practice is found in Bulgaria’s criminal code, which contains specific provisions regarding bias-motivated crimes in Articles 162–165. Article 162(2) concerns “crimes against national and racial equality” and punishes anyone who “uses violence against another or damages his property because of his nationality, race, religion, or political convictions.” Table 5: Does the Law Criminalize Hate Crime or Hate Speech? Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Hate crime ü Hate speech ü ü ü ü ü Source: World Bank Equality Project. Mexico criminalizes hate speech but does not provide for autonomous hate crime legislation at the federal level. Article 138(VIII) of the Penal Code of Mexico City, however, considers “hate” an aggravating circumstance that augments the punishment of the “base crimes” of homicide and bodily harm or injuries. Interestingly, this code provides that “hate” includes the religious and ethnic origin of the victim, but it also expressly mentions sexual orientation and gender identi- ty as characteristics that constitute a bias when committing the crimes of homicide or bodily harm or injuries.79 The gender identity characteristic is not expressly mentioned in any of the penal codes of the other countries. In Morocco, the penal code criminalizes inciting hatred during sports events. Vietnam’s penal code does not regulate hate crimes, but it does prohibit hate speech as the action of “sowing hatred, ethnic bias and/or division, infringing upon the rights to 78 See Article 3 of the Universal Declaration of Human Rights, which reads, “Everyone has the right to life, liberty, and security of person.” 79 Criminal Code for the Federal District (2002), Art. 138, Para. VIII. Anti-Discrimination Law and Shared Prosperity 27 equality among the community of Vietnamese nationalities.”80 The Netherlands created a system of prosecutorial guide- lines, called BOS/Polaris,81 which require prosecutors to seek higher sentences when bias motivation is found in a crime. The implementation of those guidelines imposes increased penalties on the perpetrator if an element of hate is present in a crime. The target groups of bias crimes are defined on the basis of race, ethnicity, religion and faith, sexual orientation, and disabilities (Ringnalda and Kool 2012). Finally, to assess whether the economy is committed to the implementation of the law, the indicator for protection from hate crime or hate speech assesses the existence of policies or other forms of enforcement mechanisms that mandate the training of the judiciary in hate crime legislation so judges can effectively address crimes motivated by ethnic, religious, and sexual orientation or gender identity bias. None of the economies surveyed in the study have such detailed provi- sions in their laws. Some notable results with regard to enforcement mechanisms were found in Bulgaria, however, where Articles 377–384 of the Judiciary System Act require government agencies to collect data on hate crimes and Articles 21– 22 of the Legal Aid Act guarantee free legal aid to the victims. VI. Conclusions Findings from the six pilot economies seem to confirm anecdotal information regarding a correspondence between gaps in equality laws and policies and the economic marginalization of certain ethnic, religious, and sexual minorities. Ten main findings resulted from the data collection and analysis for the six indicators: 1. All of the pilot economies have some laws addressing discrimination against minorities. Some countries— Bulgaria, Mexico, and the Netherlands—have a comprehensive law that addresses discrimination on the basis of ethnic, religious, and sexual orientation grounds. Following a 2015 amendment, the Bulgarian law also covers discrimination on gender identity grounds. The other countries—Morocco, Tanzania, and Vietnam—have some form of legislation aimed at protecting ethnic and religious minorities but not sexual minorities, who are subject to criminal prosecution in Morocco and Tanzania. 2. Of the laws surveyed for the six indicators (access to institutions, access to education, access to the labor market, access to property, access to public good and social protection, protection from hate crimes and hate speech), nondiscrimination legislation in access to the labor market is the most advanced. In that area, all pilot econ- omies have provisions in their labor codes that prohibit discrimination against ethnic and religious minorities in the workplace. In Bulgaria, Mexico, and the Netherlands, those provisions also cover sexual minorities. In all six economies, a claim can be filed for employment discrimination in both the public and the private sectors. Also, in Bulgaria, Mexico, the Netherlands, and Tanzania, the burden of proof (that is, proving that no dis- crimination occurred) is shifted to the employer, in line with recent international developments.82 A recent amendment to the Vietnamese labor law includes a similar provision. 3. Of the laws surveyed under the access to property indicator, the only de jure discrimination identified relates to indigenous lands. That suggests that discrimination in this area is mostly de facto (that is, in practice) rather than de jure (that is, by law). It also suggests that wider government intervention is needed to prevent discrimi- nation in this area. 4. All pilot economies have adopted some enforcement mechanism for the implementation of existing nondis- crimination laws. Bulgaria, Mexico, Morocco, the Netherlands, and Tanzania all have specialized agencies tasked with hearing complaints of discrimination. In Bulgaria, Mexico, and the Netherlands, such agencies hear complaints of discrimination on ethnic, religious, and sexual orientation grounds. In Tanzania the agency only hears complaints of discrimination on ethnic and religious grounds. In Morocco, the National Council for Human Rights addresses the rights of ethnic minorities but only if they are migrant workers. The country re- cently established a specialized agency to address other forms of discrimination, but that agency is not charged 80 Criminal Code (1999), Art. 87, Para. 1(b). 81 The guidelines were created to establish uniformity and standardize decision making with regard to the scale of punishment for crimes because similar crimes should be judged similarly. 82 International Labour Organization, Labour Legislation Guidelines, chapter VII, http://www.ilo.org/legacy/english/dialogue/ifpdial/llg/noframes/ch7.htm#28. Anti-Discrimination Law and Shared Prosperity 28 with hearing complaints. Vietnam does not have a similar institution, but the Council of Ethnic Minorities in the National Assembly has been instrumental in the adoption of various pro-ethnic minority laws. 5. In all pilot economies, some good practices have been identified. Among them are (a) the inclusion of transgender individuals in the Protection Against Discrimination Act of Bulgaria; (b) the training of individuals in the judiciary and the police under Mexico’s Federal Law to Prevent and Eliminate Discrimination; (c) the recognition of Tamazight as an official language in the new constitution of Morocco; (d) the Labor Market Discrimination Team established by the Dutch Action Plan against Labor Market Discrimination; (e) the recognition of ethnic minorities and the introduction of a special provision for their protection in Tanzania’s new draft constitution; and (f) the Vietnamese Education Act of 2005, which sets quotas for children belonging to ethnic minorities, allowing them to gain access to education. 6. De jure discrimination can be direct—such as Article 220 of the Moroccan penal code, which prohibits the proselytization of Sunni Malik Muslims by other sects and religions—and indirect—such as the Vietnamese household registration system, which limits Protestant minorities’ access to services by requiring a household registration booklet to obtain services that is often denied to those communities by local wardens. 7. At times, discrimination is an unintended effect of liberal laws that were intended to promote freedom of choice—such as in the Netherlands, where liberal laws in education have contributed to segregating Moroccan, Turkish, Surinamese, and Netherlands Antillean children to so-called black schools. 8. Lack of protective legislation can also contribute to discrimination against certain groups. For example, in Mexico, the lack of a law on free, prior, and informed consultation with indigenous peoples regarding devel- opment projects in their territories has limited their access to property. 9. The absence of harmonization between pieces of national legislation can have the unintended consequence of affecting one group more than another. For example, in Bulgaria, the equal access to services guaranteed by the Protection Against Discrimination Act is hampered by regulations that require a registered address—which Roma minorities often do not possess—for obtaining national identification documents. 10. Of the three groups—ethnic, religious, and sexual minorities—the least protected under the law are sexual minorities. In Bulgaria, Mexico, and the Netherlands, the laws protecting LGBTI communities from discrimi- nation are slowly being developed, but more must be done in the realm of enforcement mechanisms. In Vi- etnam, homosexuality is not a crime, but same-sex couples are ineligible for the legal protections available to heterosexual couples. In Morocco and Tanzania, homosexuality is a crime, and sexual minorities are marginal- ized and denied even the most basic services, such as housing and health care. A few general lessons can be drawn from this exercise. First, a worrisome dearth of systematic data exists in the field of nondiscrimination legislation disaggregated by ethnicity, religion, and sexual orientation and gender identity. More re- search is needed to understand the problem, calculate the economic costs of marginalization, and conduct comparable cross-country analysis. In addition, the surveys must be revised to include questions that address other hidden forms of institutionalized discrimination, especially in the area of access to property. The premise of this study is that legislation and policies that discriminate against ethnic, religious, and sexual minorities or lack of appropriate protective measures against discrimination has a reverse effect on the economy. The reasoning is that excluding otherwise productive members of society from the labor market and financial systems (through marginali- zation in institutions, education, property, public services, the labor market, and the criminal law) reduces the competi- tiveness of the economy and its potential revenues. Admittedly, a much wider pool of data is needed to prove this premise; however, what is clear is that people around the world are systematically discriminated against for reasons be- yond their control. Also apparent is that countries with have adopted more inclusive laws and policies have seen im- provements in their economies. That may be a coincidence—or maybe what is needed is a more critical look at legal frameworks, with the underlying premise that human dignity is not negotiable and that everyone deserves equal oppor- tunities, irrespective of ethnicity, religion, sexual orientation, or gender identity. Anti-Discrimination Law and Shared Prosperity 29 Appendix A: Existing Legal Datasets on Nondiscrimination Database Agency Focus How it differs from the World Bank Equality Project Legislationonline Organization Legislationonline is a free, online legislative Covers only OSCE countries and does for Security database created in 2002 to assist OSCE not cover issues related to education, and Co- participating states in bringing their legisla- property, social services and social operation in tion in line with relevant international hu- protection, and the labor market (un- Europe man rights standards. less covered by the antidiscrimination (OSCE) Includes legislation on nondiscrimination, legislation). Does not allow for cross- freedom of religion, citizenship, national country comparison. human rights institutions, and hate crimes. NATLEX International NATLEX is a database of national labor, Covers only labor legislation and re- Labour Or- social security, and related human rights lated human rights laws and not issues ganization legislation. Includes legislation on nondis- related to institutions, education, (ILO) crimination in the labor market. property, public goods, social protec- tion, and hate crimes or hate speech. Does not allow for cross-country comparison. NORMLEX ILO NORMLEX is a database of national labor Covers only labor legislation and in- and social security laws, ratification infor- ternational instruments and does not mation, reporting requirements, and com- cover issues related to institutions, ments of the ILO’s supervisory bodies. education, property, public goods, so- Includes legislation on nondiscrimination in cial protection, and hate crimes or the labor market and ratification of em- hate speech. Does not allow for cross- ployment discrimination conventions. country comparison. General Surveys ILO The General Surveys are reports examin- Covers only labor legislation and does (2012, 1996, ing law and practice in a particular subject not cover issues related to institu- 1986) of the area related to labor in member states that tions, education, property, public Committee of have or have not ratified relevant ILO con- goods, social protection, and hate Experts ventions. crimes or hate speech. Does not allow Includes legislation on nondiscrimination in for cross-country comparison. the labor market. The OHCHR Office of the The database includes existing measures Does not cover issues related to insti- antidiscrimina- High Com- and practices to combat address racism, tutions, education, property, public tion database missioner for racial discrimination, xenophobia, and re- goods, social protection, and hate Human Rights lated intolerance at the international, re- crime and hate speech (unless covered (OHCHR) gional and national levels. by nondiscrimination legislation). Does not allow for cross-country compari- son. Planipolis United Na- The Planipolis database provides legisla- Does not cover issues related to insti- tions Educa- tion, policies, and plans on education from tutions, labor market, property, public tional, official sources of UNESCO member goods, social protection, and hate Scientific and states. crime or hate speech. Does not allow Cultural Or- for cross-country comparison. ganization (UNESCO) Anti-Discrimination Law and Shared Prosperity 30 The Internation- UNESCO The IBE provides a country database that Does not cover issues related to insti- al Bureau of Ed- includes profiles of education systems (in- tutions, labor market, property, public ucation (IBE)— cluding laws and policies), a selection of goods, social protection, and hate legal dataset official reports from national education au- crime or hate speech. Does not allow thorities, information on national curricula, for cross-country comparison. and links to official information sources on education (including Ministries of Educa- tion). European Equal- European The network includes updates on legisla- Does not cover non-European coun- ity Law Net- Equality Law tive, policy, and case-law developments in tries. Does not allow for cross- work—Legal Network the field of nondiscrimination in the 35 country comparison. Developments states that participate in the network. WORLD Policy The WORLD The WORLD Policy Forum includes laws Does not cover institutions, property, Forum—Data Policy Analy- and public policies in 191 countries cover- public goods, social protection, and on Education sis Center at ing poverty, discrimination, education, hate crime or hate speech. University of health, child labor, child marriage, and pa- California, Los rental care. Angeles (UCLA) Compendium of Human Rights Compendium of blasphemy laws covers Covers only religious minorities. Does blasphemy laws First legislation that seeks to criminalize those not cover other groups and does not who insult or defame religions and related cover labor market, education, prop- legislation. erty, public goods, social protections, Includes legislation on freedom of religion and hate speech and hate crimes. and discriminatory laws against religious minorities. Sexual Orienta- International The Sexual Orientation Laws in the World Covers only sexual minorities. tion Laws in the Lesbian, Gay, dataset includes criminalization, protection, World Bisexual, and recognition laws related to sexual mi- Trans and In- norities. tersex Asso- ciation (ILGA) Anti-Discrimination Law and Shared Prosperity 31 Appendix B: Contributors This report was possible with the contribution of nearly 50 experts who answered the surveys and provided guidance with regard to local legislation in the six pilot countries. We greatly appreciate the time and effort they dedicated to the Equality Research Paper. Ms. Yordanska Bekirska Bulgarian Lawyers for Human Rights Bulgaria Ms. Dilyana Giteva Bulgarian Lawyers for Human Rights Bulgaria Ms. Miriana Ilcheva Center for the Study of Democracy Bulgaria Mr. Ilko Jordanov Open Society Institute Sofia Bulgaria Ms. Denitsa Lyubenova LGBT Youth Association Bulgaria Ms. Ilina Maltzeva Boyanov & Co. Bulgaria Mr. Dimitar Markov Center for the Study of Democracy Bulgaria Mr. Hristo Peshev 2G consultants Bulgaria Ms. Monika Pisankaneva Bilitis Resource Center Foundation Bulgaria Ms. Sayuri Shimoda Shearman & Sterling LLP Bulgaria Mr. Deyan Terziev Boyanov & Co. Bulgaria Mr. Simeon Vasilev Gays and Lesbians Accepted in Society (GLAS) Bulgaria Ms. Maria Yordanova Center for the Study of Democracy Bulgaria Ms. Andrea Melissa Alanis Peña Mouret Abogados S.C. Mexico Ms. Yenesenia Barberena Shearman & Sterling LLP Mexico Ms. Maria Jose Buccio Peña Mouret Abogados S.C. Mexico Ms. Fiona Coffee Clifford Chance Mexico Ms. Cinthia Aguilar Flores Clifford Chance Mexico Ms. Catherine Freeman Clifford Chance Mexico Ms. Ivonne Garza Mexico Ms. Gladys Morales Clínica de Justicia y Género Marisela Escobedo Mexico Mr. Luis Alberto Muñoz Clínica de Justicia y Género Marisela Escobedo Mexico Ms. Adriana Muro Elementa Asesoria en Derechos Humanos Mexico Mr. Gabriel Peña Mouret Peña Mouret Abogados S.C. Mexico Mr. Gizeh Polo Clifford Chance Mexico Ms. Lisseth Rincon Shearman & Sterling LLP Mexico Ms. Nora Robledo Elementa Asesoria en Derechos Humanos Mexico Ms. Catherine Romero Elementa Asesoria en Derechos Humanos Mexico Mr. Arturo Sotelo Oficina de Defensoría de los Derechos de la Infancia Mexico Ms. Mariana Villanueva Peña Mouret Abogados S.C. Mexico Ms. Uttara Dukkipati Shearman & Sterling LLP Morocco Mr. Thomas Parigot Shearman & Sterling LLP Morocco Ms. Byambadulam Enkhbayar Clifford Chance Netherlands Ms. Natasha Fricker Clifford Chance Netherlands Ms. Jocelyn Huang Shearman & Sterling LLP Netherlands Mr. Folhino Telg Netherlands Ms. Becky Wall Clifford Chance Netherlands Anti-Discrimination Law and Shared Prosperity 32 Ms. Juliana Apopo Clifford Chance Tanzania Ms. Camilla Bunney Shearman & Sterling LLP Tanzania Ms. Jessica Gladstone Clifford Chance Tanzania Ms. Phoebe Richardson Clifford Chance Tanzania Mr. Kevin Smith Clifford Chance Tanzania Mr. Dang Duong Anh Vietnam International Law Firm (VILAF) Vietnam Mr. Savas Manoussakis Shearman & Sterling LLP Vietnam Mr. Hoang Anh Linh Nguyen Vietnam International Law Firm (VILAF) Vietnam Ms. Yen Nguyen ICS Center Vietnam Mr. Tran Hanh Linh Pahm Vietnam International Law Firm (VILAF) Vietnam Mr. Le Trung Vu Vietnam International Law Firm (VILAF) Vietnam Anti-Discrimination Law and Shared Prosperity 33 Appendix C: Country Data Ethnic Minorities INSTITUTIONS Bulgaria Mexico Morocco Netherlands Tanzania Vietnam The Constitution and National Legislation Under the Constitution: Is there a general nondis- Yes Constitution of the Yes Constitución Política de No Yes Constitution of the King- Yes Constitution of the Yes Constitution of crimination clause? Republic of Bulgaria los Estados Unidos Mexi- dom of the Netherlands United Republic of Tan- Vietnam (2013), (1991), Art. 6 Para. canos (1917), Art. 1 (2008), Art. 1 zania (1977), Arts. 9(g), Art. 5 Para. 2 2 13(1)(2) If yes, does it explicitly Yes Constitution of the Yes Constitución Política de N/A Yes Constitution of the King- Yes Constitution of the Yes Constitution of mention ethnic minorities? Republic of Bulgaria los Estados Unidos Mexi- dom of the Netherlands United Republic of Tan- Vietnam (2013), (1991), Art. 6 Para. canos (1917), Art. 1 (2008), Art. 1 zania (1977), Arts. 9(g), Art. 5 Para. 2 2 13(1)(2) Is there a provision that Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- Yes Constitution of the King- Yes Constitution of the Yes Constitution of guarantees equality before Republic of Bulgaria los Estados Unidos Mexi- aume du Maroc (2011), dom of the Netherlands United Republic of Tan- Vietnam (2013), the law? (1991), Art. 6 Pa- canos (1917), Art. 4 Art. 6 (2008), Art. 1 zania (1977), Arts. 12, Art. 16 Para. 1 ras. 1,2 13(1) If yes, does it explicitly Yes Constitution of the Yes Constitución Política de No Yes Constitution of the King- Yes Constitution of the No mention ethnic minorities? Republic of Bulgaria los Estados Unidos Mexi- dom of the Netherlands United Republic of Tan- (1991), Art. 6 Para. canos (1917), Art. 2 Para. (2008), Art. 1 zania (1977), Art. 13(5) 2 A Sec. III Is customary law recog- No Yes. Constitución Política de No No Yes Judicature and Applica- No nized as a valid source of los Estados Unidos Mexi- tion of Laws Act (1920), law? canos (1917), Art. 2 Para. Art. 11 (1) A Sec. II If yes, is customary law Not Yes Constitución Política de N/A N/A Yes Judicature and Applica- N/A invalid if it violates provi- appli- los Estados Unidos Mexi- tion of Laws Act (1920), sions on nondiscrimination cable canos (1917), Art. 2 Para. Art. 11 (3) or equality? (N/A) A Sec. II Is there a provision that Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- No No Yes Contitution of guarantees the freedom of Republic of Bulgaria los Estados Unidos Mexi- aume du Maroc (2011), Vietnam (2013), ethnic minorities to ex- (1991), Arts. 36, 54 canos (1917), Art. 2 Para. Art. 6 Art. 5 Para. 3; Art. press their cul- A Sec. IV 42 ture/traditions or speak their language? Under National Legislation: Is there a specific law on Yes Protection Yes Ley Federal para No Yes Equal Treatment Act No No nondiscrimination? Against Dis- Prevenir y Eliiminar (1994) crimination la Discriminación Act (2004) (2003) Anti-Discrimination Law and Shared Prosperity 34 If yes, does it provide pro- Yes Protection Yes Ley Federal para N/A Yes Equal Treatment Act N/A N/A tection from discrimina- Against Dis- Prevenir y Eliiminar (1994), Sec. 1(b) is the tion on ethnic grounds? crimination la Discriminación most accurate answer Act (2004), (2003), Art. 1 Sec. even though it does not Art. 4 Para. 1 III state the words ethnic or ethnicity Are there any other laws Yes Criminal Yes Ley General de Yes Code Pénal (1962), Yes Criminal Code (1881), Art. No Yes Criminal Code that protect ethnic minori- Code (1968), Derechos Linguisti- Art. 431-1, Art. 431-2 137 (1999), Art. 3 Para. ties from discrimination? Arts 162 Para. cos de los Pueblos Dahir n 1-79-186 2 1, 172 Para. 1 Indígenas (2003) portant publication du Labor Code Ley de la Comisión Pacte international (1992), Art. 8 Nacional para el relatif aux droits Para. 3 Desarrollo de los économiques, sociaux National Edu- Pueblos Indígenas et culturels et du Pacte cation Act (2003) international relatif aux (1991), Art. 4 droits civils et poli- tiques (1979), Art. 27 Political Rights Is there a provision that Yes Constitution Yes Constitución Políti- Yes Constitution du Roy- Yes Constitution of the King- Yes Constitution of the Yes Constitution of guarantees freedom of of the Repub- ca de los Estados aume du Maroc (2011), dom of the Netherlands United Republic of Tan- Vietnam (2013), opinion and expression? lic of Bulgaria Unidos Mexicanos Art. 25 (2008), Art. 7 zania (1977), Art. 18 Art. 25 (1991), Art. (1917), Arts. 6, 7 39 Para. 1 Do laws and/or regulations relating to any of these categories differ between ethnic minorities and the ethnic majority? Obtaining citizenship? No Constitution No Constitución Políti- No Code de la nationalité No Constitution of the King- No Tanzania Citizenship Act No Nationality Law of the Repub- ca de los Estados moracaine (1958), Art. dom of the Netherlands (1995), Arts. 4–6 (2008), Art. 2 Para. lic of Bulgaria Unidos Mexicanos 9 (2008), Art. 1 2 (1991), Art. (1917), Art. 30 Pa- Netherlands Nationality 25 Para. 1 ra. A Act (2010), Art. 3 Registering birth? No Constitution No Constitución Políti- No Loi n°37-99 relative à No Constitution of the King- No Births and Deaths Regis- No Decree of the Repub- ca de los Estados l'état civil (2002), Art. dom of the Netherlands tration Act (1920), Art. 158/2005/ND-CP lic of Bulgaria Unidos Mexicanos 16 (2008), Art. 1 11 on Civil Status (1991), Art. (1917), Art. 4. Registration and 25 Para. 3 Management, (2005), Artt. 13–16 Obtaining a passport? No Bulgarian Per- No Constitución Políti- No Décret n°2-08-310 No Constitution of the King- No Tanzania Passports and No Decree No. sonal Docu- ca de los Estados instituant le passeport dom of the Netherlands Travel Documents Act 136/2007 ND-CP ments Act Unidos Mexicanos biométrique (2008), (2008), Art. 1 (2002), Art. 12 17 on Vietnamese (1999), Art. 4 (1917), Art. 4 Art. 1 Citizens' Exit and Para. 1 Reglamento de Entry (2007), Art. Pasaportes y del 8 Documento de Identidad y Viaje (2011), Art. 14 Anti-Discrimination Law and Shared Prosperity 35 Obtaining an ID card? No Bulgarian Per- No Constitución Políti- No Loi n° 35-06 (2007), No Constitution of the King- No Registration and Identifi- No Decree No. sonal Docu- ca de los Estados instituant la carte na- dom of the Netherlands cation of Persons Act 05/1999/ND-CP 3 ments Act Unidos Mexicanos tionale d'identité élec- (2008), Art. 1 (1986), Arts. 8, 9 on the People's (1999), Art. 4 (1917), Art. 4 tronique, Art. 1 Identity Card Para. 1 (1999), Art. 3 Para 2 and 4 Do laws and/or regulations relating to freedom of movement differ between ethnic minorities and the ethnic majority? In moving within the coun- No Constitution No Constitución Políti- No Constitution du Roy- No Constitution of the King- No Constitution of the No Constitution of try? of the Repub- ca de los Estados aume du Maroc, Art. 24 dom of the Netherlands United Republic of Tan- Vietnam (2013), lic of Bulgaria Unidos Mexicanos Dahir n 19-68 portant (2008), Art. 1 zania (1977), Art. 17(1) Art. 23 (1991), Art. (1917), Art. 11 ratification et publication Directive 2004/38/EC of 35 de la convention interna- the European Parliament tionale sur l'élimination and of the Council (2004), de toutes les formes de Art. 3 discrimination raciale (1969), Art. 5 In leaving and returning to No Constitution No Constitución Políti- No Constitution du Roy- No Constitution of the King- No Constitution of the No Contitution of the country? of the Repub- ca de los Estados aume du Maroc, Art. 24 dom of the Netherlands United Republic of Tan- Vietnam (2013), lic of Bulgaria Unidos Mexicanos Dahir n 19-68 portant (2008), Art. 1 Di- zania (1977), Art. 17(1) Art. 23 (1991), Art. (1917), Art. 11 ratification et publication rective 2004/38/EC of the 35 de la convention European Parliament and internationale sur l'élimi- of the Council, (2004), nation de toutes les Arts. 4, 5 formes de discrimination raciale (1969), Art. 5 Are NGOs that promote the interests of ethnic minorities: Permitted under the law? Yes Bulgarian Yes Constitución Políti- Yes Dahir 1-58-376 régle- Yes Constitution of the King- Yes Non-Governmental Or- Yes Decree No. Non-Profit ca de los Estados mentant le droit d'as- dom of the Netherlands ganizations Act (2002), 12/2012/ND-CP Legal Entities Unidos Mexicanos sociation (1958), Art. 2 (2008), Art. 8 Art. 2 on registration and Act (2000), (1917), Art. 9 Civil Code, Book 2 (1972), management of Art. 2 Paras. Ley Federal de Fo- Art. 2:285 operation of non- 1–2 mento a las Ac- governmental or- tividades realizadas ganizations in por Organizaciones Vietnam, (2012), de la Sociedad Civil Art. 3 Para. 1 (2004), Art. 5, Sec. Decree No. 30 on XIII social and charity funds (2012), Art. 2 Anti-Discrimination Law and Shared Prosperity 36 If yes, are the NGOs sub- Yes Bulgarian Yes Ley Federal de Fo- Yes Dahir 1-58-376 régle- Yes Civil Code, Book 2 (1972), Yes Non-Governmental Or- Yes Decree No. ject to limitation by the Non-Profit mento a las Ac- mentant le droit d'as- Art. 2:20 ganizations Act (2002), 12/2012/ND-CP on state on the basis of na- Legal Entities tividades realizadas sociation (1958), Art. 3 Art. 14(1) registration and tional security, public or- Act (2000), por Organizaciones management of der, morality, or other Art. 3 (2) de la Sociedad Civil operation of non- grounds? (2004), Art. 30 governmental or- ganizations in Vietnam, (2012), Art. 4 Decree No. 30 on social and charity funds (2012), Art. 7.1 Representation in the Three Branches of Government (Legislative, Executive, and Judiciary) Does the law: Mandate quotas for ethnic No No No No No No minorities in parliament? Does the law prohibit an individual belonging to a ethnic minority from: Holding ministerial posts? No No No No No No Enforcement of Antidiscrimination Laws and Policies Does the law: Require the judiciary to No Yes Ley Federal para No No No No receive training on the Prevenir y Eliminar application of existing an- la Discriminación tidiscrimination laws deal- (2003), Art. 20, ing with ethnic minorities? Para. XL, 34, Para. IV Require the police to re- No Yes Ley Federal para No No No No ceive training on the appli- Prevenir y Eliminar cation of existing la Discriminación antidiscrimination laws (2003), Art. 20, dealing with ethnic minori- Para. XL, 34, Para. ties? IV Ley General del Sistema Nacional de Seguridad Públi- ca (2009), Art. 40, Secs. I, IV Anti-Discrimination Law and Shared Prosperity 37 Establish a specialized Yes Ombudsman Yes Ley de la Comisión Yes Dahir n 1-11-19 Yes Institute for Human Rights Yes Constitution of the No body tasked with receiving Act (2003), Nacional de los portant création du Act, Sec.1. United Republic of Tan- complaints for violations Art. 2 Derechos Humanos Conseil national des Institute for Human Rights zania (1977), Art. 129(1) of human rights (Human (1992), Art. 2: droits de l'Homme (formerly Equal Treatment Commission for Human Rights Committee, Om- Protection Comisión Nacional (2011) Constitution Commission) Rights and Good Gov- budsman, etc.)? Against Dis- de los Derechos du Royaume du Maroc ernance Act (2001), Art. crimination Humanos (2011), Artt. 19, 161, 6(1)(b) Act (2004), Ley Federal para and 164 Art. 40 Prevenir y Eliminar la Discriminación (2003), Art. 16: Consejo Nacional para Prevenir la Discriminación (not a general human rights body, but specialized in dis- crimination) If yes, does such body Yes Ombudsman Yes Ley de la Comisión No Dahir n 1-11-19 Yes Institute for Human Rights Yes Commission for Human N/A hear complaints of ethnic Act (2003) Nacional de los portant création du Act (2011), Secs. 3(a), Rights and Good Gov- discrimination? Art. 19 Para. Derechos Humanos Conseil national des 10(1) ernance Act (2001), 1 (1992), Art. 3 droits de l'Homme Arts. 6(1)(b), 28(1)(c) Ley Federal para (2011), Artt. 1, 3, and 4 Protection Prevenir y Eliminar Against Dis- la Discriminación crimination (2003), Arts. 1 Pa- Act (2004), ra. III, 43 48 Para. 2 Is there a budget alloca- Yes Ombudsman Yes Constitución Políti- Yes Dahir n 1-11-19 Yes The Ministry of Justice has Yes Commission for Human N/A tion for the operation of Act (2003), ca de los Estados portant création du the main responsibility for Rights and Good Gov- such body/bodies? Art. 7 Unidos Mexicanos Conseil national des the Institute's budget. The ernance Act (2001), Art. Protection (1917), Art. 102 droits de l'Homme budget is regulated in the 29 Against Dis- Para. B (2011), Art. 55 Annual Budgets Act and crimination Ley de la Comisión not in the Netherlands Act (2004), Nacional de los Institute for Human Rights Art. 40 Para. Derechos Humanos Act. 3 (1992), Arts. 2, 75 Ley Federal para Prevenir y Eliminar la Disciminación (2003), Art. 16 (re- garding CONAPRED, not the Ombudsman) EDUCATION Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Participation in Education Does the law prohibit discrimination in school admission on ethnic grounds in: Anti-Discrimination Law and Shared Prosperity 38 Primary education? Yes National Edu- Yes Constitución Políti- Yes Constitution du Roy- Yes Equal Treatment Act Yes Education Act (1978), Yes Decree No. cation Act ca de los Estados aume du Maroc (2011), (1994), Sec. 7(1) (c). Art. 56(2) 38/2005/QH11 (1991) Art. 4 Unidos Mexicanos Art. 31 Dahir n Law of the Child Act on Education Law Para. 2 (1917), Art. 3 19-68 portant ratification (2009), Art. 5(2), 8(2) (2005), Art. 10 Ley General de et publication de la con- Educación (1993), vention internationale Art. 2 sur l'élimination de Ley Federal para toutes les formes de Prevenir y Eliminar discrimination raciale( la Discriminación 1969), Art. 5 Dahir n 1- (2003), Art. 9 79-186 portant publica- tion du Pacte interna- tional relatif aux droits économiques, sociaux et culturels et du Pacte international relatif aux droits civils et politiques (1979), Art. 13 Secondary education? Yes National Edu- Yes Constitución Políti- Yes Constitution du Roy- Yes Equal Treatment Act Yes Education Act (1978), Yes Decree No. cation Act ca de los Estados aume du Maroc (2011), (1994), Sec. 7(1) (c). Art. 56(2) 38/2005/QH11 (1991) Art. 4 Unidos Mexicanos Art. 31 Dahir n 19-68 Law of the Child Act on Education Law Para. 2 (1917), Art. 3 portant ratification et (2009), Arts. 5(2), 8(2) (2005), Art. 10 Ley General de publication de la con- Educación (1993), vention internationale Art. 2 sur l'élimination de Ley Federal para toutes les formes de Prevenir y Eliminar discrimination raciale la Discriminación (1969), Art. 5 (2003), Art. 9 Dahir n 1-79-186 portant publication du Pacte international relatif aux droits économiques, sociaux et culturels et du Pacte international relatif aux droits civils et politiques (1979), Art. 13 Anti-Discrimination Law and Shared Prosperity 39 Tertiary education? Yes National Edu- Yes Constitución Políti- Yes Constitution du Roy- Yes Equal Treatment Act Yes Education Act (1978) Yes Decree No. cation Act ca de los Estados aume du Maroc (2011), (1994), Sec. 7(1) (c). 38/2005/QH11 (1991) Art. 4 Unidos Mexicanos Art. 31 Dahir n 19-68 on Education Law Para. 2 (1917), Art. 3 portant ratification et (2005), Art. 10 Ley General de publication de la con- Educación (1993), vention internationale Art. 2 sur l'élimination de Ley Federal para toutes les formes de Prevenir y Eliminar discrimination raciale( la Discriminación 1969), Art. 5 Dahir (2003), Art. 9 n 1-79-186 portant publication du Pacte international relatif aux droits économiques, sociaux et culturels et du Pacte international relatif aux droits civils et politiques (1979), Art. 13 Does the law prescribe quotas for individuals belonging to ethnic minorities in: Primary education? No No No No No No Secondary education? No No No No No Yes Decree No. 38/2005/QH11 on Education Law (2005), Art. 90 Para. 1 Tertiary education? No No No No No Yes Decree No. 38/2005/QH11 on Education Law (2005), Art. 90 Para. 1 Fighting Marginalization in Education Does the law mandate the adoption of measures aimed at sensitizing the students to the principles of nondiscrimination and equality in: Primary education? Yes Protection Yes Constitución Políti- No Yes Primary Education Act No Yes Decree No. Against Dis- ca de los Estados (1981), Art. 46 38/2005/QH11 crimination Unidos Mexicanos on Education Law Act (2004), (1917), Art. 3 Para. (2005), Arts. 5 Art. 35 Paras. 4 Para. 1, 7 Para 2. 1, 3 Ley General de National Edu- Educación (1993), cation Act Arts. 7, 8, 33 (1991) Art. 15 Para. 2 Anti-Discrimination Law and Shared Prosperity 40 Secondary education? Yes Protection Yes Constitución Políti- No Yes Secondary Education Act No Yes Law No. Against Dis- ca de los Estados (1963), Art. 42 38/2005/QH11 crimination Unidos Mexicanos Education Act (2004), (1917), Art. 3 Para. Law(2005), Arts. Art. 35 Paras. 4 5 Para. 1, 7 Para 1, 3 Ley General de 2. National Edu- Educación (1993), cation Act Arts. 7, 8, 33 (1991), Art. 15 Para. 2 Does the law: Mandate the revision of Yes Protection Yes Ley General de No No No No national textbooks in pri- Against Dis- Educación (1993), mary and secondary edu- crimination Arts. 8, 12 Para. III cation to eliminate Act (2004), discriminatory language? Art. 35 Paras. 1, 3 Mandate the training of Yes Protection Yes Ley General de No No No No school teachers in primary Against Dis- Educación (1993), and secondary education crimination Arts. 8, 12 Para. III on antidiscrimination of Act (2004), ethnic minorities? Art. 35 Paras. 1, 3 LABOR Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Equality in Accessing the Labor Force Does the law: Prohibit individuals belong- No Labor Code No Ley Federal para No Code du Travail No Constitution of the King- No Constitution of the No Decree No. ing to ethnic minorities (1992) Art. 8 Prevenir y Eliminar (2011), Art. 9, and Art. dom of the Netherlands United Republic of Tan- 10/2012/QH13 from obtaining employ- Para. 3 la Discriminación 478 Constitution du (2008), Art. 19 Para. 3. zania (1977), Art. 22 (1) Labor Code ment in specific sectors? Protection (2003), Art. 9 Para. Royaume du Maroc Equal Treatment Act Employment and Labour (2012), Art. 5 Against Dis- III. (2011), Art. 31 (1994), Sec. 5(1)(b) Relations Act (2004), Para 1, Art. 8 crimination Art. 7(1) Para. 1 Act (2004), Art. 12 Anti-Discrimination Law and Shared Prosperity 41 Prohibit discrimination on Yes Labor Code Yes Ley Federal para Yes Code du Travail Yes Equal Treatment Act Yes Constitution of the Yes Decree No. ethnic grounds in recruit- (1992), Art. 8 Prevenir y Eliminar (2011), Art. 9, and Art. (1994), Sec. 5(1) United Republic of Tan- 10/2012/QH13 ment in the public sector? Para. 3 la Discriminación 478 Constitution du zania (1977), Art. 22 (2) Labor Code Protection (2003), Art. 9 Para. Royaume du Maroc Employment and Labour (2012), Art. 5 Against Dis- III. Ley Federal del (2011), Art. 31 Relations Act (2004), Para. 1 crimination Trabajo (1970), Arts. 7(1), 7(4)(g) Decree No. Act (2004), Arts.3, 133 05/2011ND-CP Art. 12 on Ethnic Minori- Civil Servants ties Work, Art. 7 Act (1999), Para. 1 Art. 7 Para. 6 Decree No. 58/2010/QH12 Law on Public Employees (2010), Art. 21 Paras. 1, 5 Decree No. 22/2008QH12 on Cadres and Civil Servants (2008), Art. 38 Paras. 1, 4 Prohibit discrimination on Yes Labor Code Yes Ley Federal para Yes Code du Travail Yes Equal Treatment Act Yes Employment and Labour Yes Decree No. ethnic grounds in recruit- (1992), Art. 8 Prevenir y Eliminar (2011), Art. 9, and Art. (1994), Sec. 5(1). Relations Act, (2004), 10/2012/QH13 ment in the private sector? Para. 3 la Discriminación 478 Constitution du The exception is Equal Art. 7(4)(g) Labor Code Protection (2003), Art. 9 Para. Royaume du Maroc Treatment Act (1994), Sec. (2012), Art. 8 Against Dis- III. Ley Federal del (2011), Art. 31 5(3) Para. 1 crimination Trabajo (1970), Act (2004), Arts.3, 133 Art. 12 Para. 1 Prohibit an employer from Yes Protection No No No No No asking about an individual’s Against Dis- ethnicity during the re- crimination cruitment phase? Act (2004), Art. 12 Para. 1 Prescribe equal remunera- Yes Protection Yes Constitución Políti- Yes Code du Travail Yes Equal Treatment Act Yes Constitution of the Yes Decree No. tion for work of equal Against Dis- ca de los Estados (2011), Art. 9 and Art. (1994), Sec. 5 (1)(e), (h) United Republic of Tan- 10/2012/QH13 value for individuals be- crimination Unidos Mexicanos 478. zania (1977), Art. 23 (1) Labor Code longing to ethnic minori- Act (2004), (1917), Art. 123 Employment and Labour (2012), Arts. 5 ties? Art. 14 Para. Para. VII Relations Act (2004), Para. 1 (a), 8 1 Ley Federal del Art. 7(10) Para. 1 , 90 Para. Trabajo (1970), 3 Art. 56 Anti-Discrimination Law and Shared Prosperity 42 Prohibit discrimination on Yes Criminal Yes Ley Federal del Yes Code du Travail Yes Equal Treatment Act Yes Employment and Labour Yes Law on Public ethnic grounds in the dis- Code (1968), Trabajo (1970), (2011), Art. 9, Art. 36, (1994), Secs. 5(1), 8 Relations Act, (2004), Employees, Art. missal of employees? Art. 172 Para. Arts. 3, 133 Para. 5 Arts. 7(4)(c), 37(3)(b)(iii) 30, Decree No. 1 10/2012/QH13 Protection Labor Code Against Dis- (2012), Art. 3 crimination Para. 7, and 194 Act (2004), Para. 6 Arts. 20–21 Access to Remedy Does the law allow an employee to bring a claim for employment discrimination on ethnic grounds: In the public sector? Yes Protection Yes Ley Federal del Yes Code du Travail Yes Equal Treatment Act Yes Employment and Labour Yes Decree No. Against Dis- Trabajo (1970), (2011), Arts.9, 41 (1994), Secs. 10, 12 (2) Relations Act, (2004), 10/2012/QH13 crimination Arts. 2, 3, 133 Arts. 7(4)(c), 37(3). Labor Code Act (2004), Ley Federal para (2012), Art. 8 Arts. 50, 71. Prevenir la Dis- Para. 1 criminación (2003), Art. 43. If there is a law, does it Yes Protection No No provisions Yes Code du Travail Yes Equal Treatment Act No No provisions could be No No provisions prohibit retaliation by the Against Dis- could be located (2011), Art. 36, Para. 4 (1994), Sec. 8(a) located could be located employer for bringing a crimination complaint or participating Act (2004), in any manner in an em- Arts. 5, addi- ployment discrimination tional provi- proceeding? sions, Sec. 1 (3) In the private sector? Yes Protection Yes Ley Federal del Yes Code du Travail Yes Equal Treatment Act Yes Employment and Labour Yes Decree No. Against Dis- Trabajo (1970), (2011), Arts. 9, 41 (1994), Secs. 10, 12 (2) Relations Act, (2004), 10/2012/QH13 crimination Arts.2, 3, 133. Arts. 7(4)(c), 37(3). Labor Code Act (2004), Ley Federal para (2012), Art. 3 Arts. 50, 71. Prevenir la Dis- Para. 7, and 194 criminación (2003), Para. 6 Art. 43 If there is a law, does it Yes Protection No No provisions Yes Code du Travail Yes Equal Treatment Act No No provisions could be No No provisions prohibit retaliation by the Against Dis- could be located (2011), Art. 36, Para. 4 (1994), Sec. 8(a) located could be located employer for bringing a crimination complaint or participating Act (2004), in any manner in an em- Arts. 5, addi- ployment discrimination tional provi- proceeding? sions, Sec. 1 (3) Does the law: Anti-Discrimination Law and Shared Prosperity 43 Shift the burden of proof Yes Protection Yes Ley Federal del Yes Code du Travail Yes Equal Treatment Act Yes Employment and Labour No Decree No. for antidiscrimination Against Dis- Trabajo (1970), (2011), Art. 63 (1994), Sec. 10 (1) Relations Act, (2004), 10/2012/QH13 claims from the employee crimination Art. 784 Art. 7(8)(a) Labor Code to the employer? Act (2004), (2012), Art. 192 Art. 9 Para. 2(a); Civil Proceeding Code (2012), Art. 79 Para. 1 Allow class action lawsuits Yes Protection Yes Ley Federal del Yes Code du Travail Yes Equal Treatment Act No Yes Civil Proceeding for employment discrimi- Against Dis- Trabajo (1970), (2011), Art. 549 (1994), Sec. 10 (2) Code (2012), Art. nation on ethnic grounds? crimination Art. 697 31 Para. 2(a) Act (2004), Art. 71 Paras. 2, 3 Civil Proce- dure Code (2007), Art. 379 Para. 1 PROPERTY Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Access to Land Do laws and/or regulations relating to any of these transactions differ between ethnic minorities and the ethnic majority? Obtain a title of land (e.g., No No No No No No for the purposes of trans- fer or sale)? Lease land? No No No No No No License land? No No No No No No Obtain a mortgage? No No No No No No Inherit land? No No No No No No Does the law allow indigenous peoples: To demarcate and obtain a No Yes Constitución Políti- No No No Yes Land Law (2013), communal or collective ca de los Estados Art. 5.3 title to property for their Unidos Mexicanos territories and lands? (1917), Art. 27 Pa- ra. VII Ley Agraria (1992), Art. 106 Contractual Capacity, Ownership and Private Businesses Do laws and/or regulations relating to any of these transactions differ between ethnic minorities and the ethnic majority? Sign a contract? No No No No No No Register a company? No No No No No No Anti-Discrimination Law and Shared Prosperity 44 Transfer a private busi- No No No No No No ness? PUBLIC SERVICES AND Bulgaria Mexico Morocco Netherlands Tanzania Vietnam SOCIAL PROTECTION Public Services Provided by the Government Does the law prohibit discrimination against individuals belonging to ethnic minorities in accessing: Health care? Yes Protection Yes Ley General de Yes Constitution du Roy- Yes Equal Treatment Act No Yes Decree No. Against Dis- Salud (1984), Art. aume du Maroc (2011), (1994), Secs. 7 (1)(b)–(c) 40/2009/QH12 crimination 77 bis 36 Paras. VII, Art. 31 Law on Medical Act (2004), XX Examination and Art. 37 Ley del Seguro So- Treatment Health Act cial (1995), Arts. (2009), Art. 9 (2004), Art. 214–217, 238 Para. 1 85 Ley Federal para Prevenir y Eliminar la Discriminación (2003), Art. 9 Para. XX Social housing? Yes Social Assis- Yes Ley General de Yes Constitution du Roy- Yes Equal Treatment Act No No tance Act Vivienda (2006), aume du Maroc (2011), (1994), Secs. 7 (1)(b)–(c) (1998), Art. 3 Art. 3 Art. 31 Ley Federal para Prevenir y Eliminar la Discriminación (2003), Art. 9 Para. XXI Electricity? Yes Protection Yes Ley Federal para No Yes Equal Treatment Act No Yes Decree No. Against Dis- Prevenir y Eliminar (1994), Secs. 7 (1)(b)–(c) 28/2004/QH11 crimination la Discriminación Electricity Law Act (2004), (2003), Art. 9 Para. (2004), Art. 4.2 Art. 37 XXII Energy Act Ley de la Industria (2003), Art. Electrica (2014), 31 Art. 50 Water supply? Yes Protection Yes Ley Federal para Yes Constitution du Roy- Yes Equal Treatment Act No Yes Decree No. Against Dis- Prevenir y Eliminar aume du Maroc (2011), (1994), Secs. 7 (1)(b)–(c) 15/2012/L/CTN crimination la Discriminación Art. 31 Law on Water Act (2004), (2003), Art. 9 Para. Resources Art. 37 XXII (2012), Art. 3. Para 5 Microcredits? Yes Protection Yes Ley para la Trans- Yes Loi 18-97 relative au Yes Equal Treatment Act No No Against Dis- parencia y el Or- micro-crédit (1999), (1994), Secs. 7 (1)(d) crimination denamiento de los Art. 6 Act (2004), Servicios Financi- Art. 37 eros (2007), Arts. 4 bis 3 Para. III, 17 Anti-Discrimination Law and Shared Prosperity 45 Subsidized health insur- Yes Social Assis- Yes Ley Federal para Yes Constitution du Roy- Yes Equal Treatment Act No Yes Decree No. ance?˚ tance Act Prevenir y Eliminar aume du Maroc (2011), (1994), Secs. 7 (1)(b)–(c) 23/2008/L-CTN (1998), Art. 3 la Discriminación Art. 31 Law on Health (2003), Art. 9 Para. Insurance (2009), VII Art. 11 Para. 4 Social pensions? Yes Social Assis- Yes Ley Federal para No Yes Equal Treatment Act No No tance Act Prevenir y Eliminar (1994), Secs. 7 (1)(b)–(c) (1998), Art. 3 la Discriminación (2003), Art. 9 Para. XX Child benefits? Yes Constitution No No Yes Equal Treatment Act No No of the Repub- (1994), Secs. 7 (1)(b)–(c) lic of Bulgaria (1991), Art. 6 Para. 2 Protection Against Dis- crimination Act (2004), Arts. 4 Para. 1, 37 Social Assis- tance Act (1998), Art. 3 Public Services Provided by Civil Society Does the law allow civil society organizations (CSOs) to provide social services specifically to individuals belonging to ethnic minorities including: Vaccination? Yes Bulgarian Yes Ley Federal de Fo- Yes Not explicit but should Yes Not explicit but should be Yes Not explicitly but should Yes Not explicitly but Non-Profit mento a las Ac- be covered by Dahir 1- covered by Constitution of be covered by Non- should be cov- Legal Entities tividades realizadas 58-376 réglementant le the Kingdom of The Neth- Governmental Organiza- ered by Decree Act (2000), por Organizaciones droit d'association erlands (2008), Art. 8 tions Act (2002), Art. 2 No. 12/2012/ND- Art. 38 de la Sociedad Civil (1958), Art. 2 CP on registra- Health Act (2004), Art. 5 Pa- tion and man- (2004), Art. ras. I, V, XI agement of 222 operation of non- governmental organizations in Vietnam, (2012), Art. 4 Anti-Discrimination Law and Shared Prosperity 46 Water? Yes Bulgarian Yes Ley Federal de Fo- Yes Not explicit but should Yes Not explicit but should be Yes Not explicitly but should Yes Not explicitly but Non-Profit mento a las Ac- be covered by Dahir 1- covered by Constitution of be covered by Non- should be cov- Legal Entities tividades realizadas 58-376 réglementant le the Kingdom of The Neth- Governmental Organiza- ered by Decree Act (2000), por Organizaciones droit d'association erlands (2008), Art. 8 tions Act (2002), Art. 2 No. 12/2012/ND- Art. 38 de la Sociedad Civil (1958), Art. 2 CP on registra- (2004), Art. 5 Pa- tion and man- ras. I, V, XI agement of operation of non- governmental organizations in Vietnam, (2012), Art. 4 Sanitation? Yes Bulgarian Yes Ley Federal de Fo- Yes Not explicit but should Yes Not explicit but should be Yes Not explicitly but should Yes Not explicitly but Non-Profit mento a las Ac- be covered by Dahir 1- covered by Constitution of be covered by Non- should be cov- Legal Entities tividades realizadas 58-376 réglementant le the Kingdom of The Neth- Governmental Organiza- ered by Decree Act (2000), por Organizaciones droit d'association erlands (2008), Art. 8 tions Act (2002), Art. 2 No. 12/2012/ND- Art. 38 de la Sociedad Civil (1958), Art. 2 CP on registra- (2004), Art. 5 Pa- tion and man- ras. I, V, XI agement of operation of non- governmental organizations in Vietnam, (2012), Art. 4 Family Planning? Yes Bulgarian Yes Ley Federal de Fo- Yes Not explicit but should Yes Not explicit but should be Yes Not explicitly but should Yes Not explicitly but Non-Profit mento a las Ac- be covered by Dahir 1- covered by Constitution of be covered by Non- should be cov- Legal Entities tividades realizadas 58-376 réglementant le the Kingdom of The Neth- Governmental Organiza- ered by Decree Act (2000), por Organizaciones droit d'association erlands (2008), Art. 8 tions Act (2002), Art. 2 No. 12/2012/ND- Art. 38 de la Sociedad Civil (1958), Art. 2 CP on registra- (2004), Art. 5 Pa- tion and man- ras. I, V, XI agement of operation of non- governmental organizations in Vietnam, (2012), Art. 4 Does the law: Impose funding limita- No No No No No No tions on CSOs on the provision of such ser- vices? Taxation Does the law: Anti-Discrimination Law and Shared Prosperity 47 Allow tax deductions Yes Bulgarian Yes Ley del Impuesto Yes Loi n. 24-86 instituant Yes Law on Giving Act, Geef- Yes Not explicitly but should No for donations to NGOs Non-Profit sobre la Renta un impôt sur les socié- wet (2012), Art. 8 be covered by the In- that promote the inter- Legal Entities (2013), Arts. 79 tés (1986), Art. 7 Para. come Tax Act, (2004) ests of ethnic minori- Act (2000), 9 (b) Art. 16(1) ties? Art. 4 Corporate Income Tax Act (2006), Art. 31 HATE CRIMES AND Bulgaria Mexico Morocco Netherlands Tanzania Vietnam HATE SPEECH Hate Crimes Legislation Does the law: Criminalize hate Yes Criminal No Codigo Penal Fed- Yes Code Pénal (1962), Yes Criminal Code (1881), Art. No Yes Criminal Code speech? Code (1968), eral (1931), Art. Art. 308-5 referring 137c (1999), Art. 87 Arts. 162 149 Ter refers to only to incitement of Para. 1(b) Para. 1 the crime of "dis- hate during sport crimination" events. Criminalize hate Yes Criminal No No No No No crimes? Code (1968), Arts. 162–165 If there is a law, does it Yes Criminal N/A N/A N/A N/A N/A define hate crime as a Code (1968), substantive offense? Art. 162 If there is a law, does it Yes Criminal N/A N/A N/A N/A N/A define hate crime as an Code (1968), aggravating circum- Art. 116. stance? If there is a law, does it Yes Criminal N/A N/A N/A N/A N/A define ethnic identity as Code (1968), a protected character- Art. 162 istic? If there is a law, does it Yes Criminal N/A N/A N/A N/A N/A protect property? Code (1968), Art. 163 If there is a law, does it No N/A N/A N/A N/A N/A extend to victims by association? Awareness Raising and Training on Hate Crimes Does the law: Anti-Discrimination Law and Shared Prosperity 48 Require government Yes Judiciary Sys- N/A N/A N/A N/A N/A agencies to collect data tem Act on hate crimes commit- (2007), Arts. ted on ethnic grounds? 377–384 Does the law mandate trainings of the following professionals on recognizing and identifying hate crimes? Paramedics? No N/A N/A N/A N/A N/A Police officers? No N/A N/A N/A N/A N/A Prosecutors? No N/A N/A N/A N/A N/A Judges? No N/A N/A N/A N/A N/A Social workers? No N/A N/A N/A N/A N/A Other? No N/A N/A N/A N/A N/A Services to Victims of Hate Crimes Does the law mandate the provision of any of the following services to victims of hate crimes: Legal assistance (includ- Yes Legal Aid Act N/A N/A N/A N/A N/A ing asylum applica- (2005), Arts. tions)? 21, 22 Asylum and Refugees Act (2002), Art. 20 Shelter/Housing? No N/A N/A N/A N/A N/A Forensic or medical Yes Law on Sup- N/A N/A N/A N/A N/A examinations? port and Fi- nancial Compensa- tion to Crime Victims (2006), Art. 8 Anti-Discrimination Law and Shared Prosperity 49 Religious Minorities INSTITUTIONS Bulgaria Mexico Morocco Netherlands Tanzania Vietnam The Constitution and National Legislation Under the Constitution: Is there a state Yes Constitution of the No Constitución Política de Yes Constitution du Roy- No No Constitution of the Unit- No religion? Republic of Bulgaria los Estados Unidos aume du Maroc (2011), ed Republic of Tanzania (1991), Art. 13 Para. 3 Mexicanos (1917), Arts. Art. 3 (1977), Art. 3 (1) 24, 40, 130 Is there a provision Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- Yes Constitution of the Yes Constitution of the Unit- Yes Constitution of Vietnam that guarantees the Republic of Bulgaria los Estados Unidos aume du Maroc (2011), Kingdom of the Neth- ed Republic of Tanzania (2013), Art. 24 freedom of belief (1991), Art. 37 Para. 1 Mexicanos (1917), Art. Art. 3 erlands (2008), Art. 6 (1977), Art. 19 (1) and religion? 24 Para. 1 Is there a general Yes Constitution of the Yes Constitución Política de No Yes Constitution of the Yes Constitution of the Unit- Yes Constitution of Vietnam nondiscrimination Republic of Bulgaria los Estados Unidos Kingdom of the Neth- ed Republic of Tanzania (2013), Art. 16 Para. 2 clause? (1991), Art. 6 Para. 2 Mexicanos (1917), Art. erlands (2008), Art. 1 (1977), Arts. 9(g), 1 13(1)(2) If yes, does it ex- Yes Constitution of the Yes Constitución Política de N/A Yes Constitution of the Yes Constitution of the Unit- No plicitly mention Republic of Bulgaria los Estados Unidos Kingdom of the Neth- ed Republic of Tanzania religious minori- (1991), Art. 6 Para. 2 Mexicanos (1917), Art. erlands (2008), Art. 1 (1977), Arts. 9(g), 13(5) ties? 1 Is there a provision Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- Yes Constitution of the Yes Constitution of the Unit- Yes Constitution of Vietnam that guarantees Republic of Bulgaria los Estados Unidos aume du Maroc (2011), Kingdom of the Neth- ed Republic of Tanzania (2013), Art. 16 Para. 1 equality before the (1991), Art. 6 Paras. 1, Mexicanos (1917), Art. Art. 6 erlands (2008), Art. 1 (1977), Arts. 12, 13(1) law? 2 4 If yes, does it ex- Yes Constitution of the No No Yes Constitution of the Yes Constitution of the Unit- No plicitly mention Republic of Bulgaria Kingdom of the Neth- ed Republic of Tanzania religious minori- (1991), Art. 6 Paras. 1,2 erlands (2008), Art. 1 (1977), Art. 13(5) ties? Is customary law No Yes Constitución Política de No No Yes Judicature and Applica- No recognized as a los Estados Unidos tion of Laws Act (1920), valid source of law? Mexicanos (1917), Art. Art. 11 (1) 2 Para. A Sec. II If yes, is customary Not Yes Constitución Política de N/A N/A Yes Judicature and Applica- N/A law invalid if it vio- applica- los Estados Unidos tion of Laws Act (1920), lates provisions on ble Mexicanos (1917), Art. Art. 11 (3) nondiscrimination (N/A) 2 Para. A Sec. II or equality? Is personal law No No No No No No recognized as a valid source of law? Anti-Discrimination Law and Shared Prosperity 50 If yes, is personal N/A N/A N/A N/A N/A N/A law invalid if it vio- lates provisions on nondiscrimination or equality? Under National Legislation: Is there a law on Yes Protection Against Dis- Yes Ley Federal para Preve- No Yes Equal Treatment Act No No nondiscrimination? crimination Act (2004) nir y Eliminar la Dis- (1994) criminación (2003) If yes, does it pro- Yes Protection Against Dis- Yes Ley Federal para Preve- N/A Yes Equal Treatment Act N/A N/A vide protection crimination Act (2004), nir y Eliminar la Dis- (1994), Sec. 1(b) from discrimina- Art. 4 Para. 1 criminación (2003), Art. tion on religious 1 Sec. III grounds? Are there any oth- Yes Criminal Code (1968), Yes Ley de Asociaciones Yes Penal Code (1962), Art. Yes Criminal Code (1881), No Yes Ordinance No. 21/2004 er laws that pro- Arts 162 Para 1, 172 Religiosas y Culto Públi- 431-1, Art 431-2 Art. 137 (2004) on Belief and tect religious Para. 1 co (1992) Dahir n 1-79-186 Religion, Art. 1 minorities from Labor Code (1992), portant publication du Decree 92/2012/ND-CP discrimination? Art. 8 Para. 3 Pacte international (2012) on detailed regu- National Education Act relatif aux droits lations and enforcement (1991), Art 4. économiques, sociaux et measures Religious Denomina- culturels et du Pacte tions Act (2002), Art. 4 international relatif aux Para. 4 droits civils et politiques (1979), Art. 27 Political Rights Is there a provision Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- Yes Constitution of the Yes Constitution of the Unit- Yes Constitution of Vietnam that guarantees Republic of Bulgaria los Estados Unidos aume du Maroc (2011), Kingdom of the Neth- ed Republic of Tanzania (2013), Art. 25 freedom of opinion (1991), Art. 39 Para. 1 Mexicanos (1917), Arts. Art. 25 erlands (2008), Art. 7 (1977), Art. 18 and expression? 6, 7 Do laws and/or regulations relating to any of these categories differ between religious minorities and the majority? Obtaining citizen- No Constitution of the No Constitución Política de No Code de la nationalité No Constitution of the No Tanzania Citizenship Act No Nationality Law (2008), ship? Republic of Bulgaria los Estados Unidos moracaine (1958), Art. 9 Kingdom of the Neth- (1995), Arts. 4–6 Art. 2 Para. 2 (1991), Art. 25 Para. 1 Mexicanos (1917), Art. erlands (2008), Art. 1 30 Para. A Netherlands Nationality Act (2010), Art. 3 Registering birth? No Constitution of the No Constitución Política de No Loi n°37-99 relative à No Constitution of the No Births and Deaths Regis- No Decree 158/2005/ND- Republic of Bulgaria los Estados Unidos l'état civil (2002), Art. 16 Kingdom of the Neth- tration Act (1920), Art. CP on Civil Status Reg- (1991), Art. 25 Para. 3 Mexicanos (1917), Art. erlands (2008), Art. 1 11 istration and Manage- 4. ment (2005), Artt. 13– 16 Anti-Discrimination Law and Shared Prosperity 51 Obtaining a pass- No Bulgarian Personal No Constitución Política de No Décret n°2-08-310 in- No Constitution of the No Tanzania Passports and No Decree No. 136/2007 port? Documents Act (1999), los Estados Unidos stituant le passeport Kingdom of the Neth- Travel Documents Act ND-CP 17 on Vietnam- Art. 4 Para. 1 Mexicanos (1917), Art. biométrique (2008), Art. erlands (2008), Art. 1 (2002), Art. 12 ese Citizens' Exit and 4. Reglamento de 1 Entry (2007), Art. 8 Pasaportes y del Docu- mento de Identidad y Viaje (2011), Art. 14 Obtaining an ID No Bulgarian Personal No Constitución Política de No Loi n° 35-06 (2007) in- No Constitution of the No Registration and Identifi- No Decree No. card? Documents Act (1999), los Estados Unidos stituant la carte natio- Kingdom of the Neth- catino of Persons Act 05/1999/ND-CP 3 on Art. 4 Para. 1 Mexicanos (1917), Art. nale d'identité erlands (2008), Art. 1 (1986), Arts. 8, 9 the People's Identity 4 électronique, Art. 1 Card (1999), Artt. 3 Para. 2 and 4 Do laws and/or regulations relating to freedom of movement differ between religious minorities and the majority? In moving within No Constitution of the No Constitución Política de No Constitution du Roy- No Constitution of the No Constitution of the Unit- No Contitution of Vietnam the country? Republic of Bulgaria los Estados Unidos aume du Maroc, Art. 24 Kingdom of the Neth- ed Republic of Tanzania (2013), Art. 23 (1991), Art. 35 Mexicanos (1917), Art. Dahir n 19-68 portant erlands (2008), Art. 1 (1977), Art. 17(1) 11 ratification et publication Directive 2004/38/EC de la convention of the European Parlia- internationale sur l'élim- ment and of the Coun- ination de toutes les cil (2004), Art. 3 formes de discrimination raciale( 1969), Art. 5 Para. d.1 In leaving and re- No Constitution of the No Constitución Política de No Constitution du Roy- No Constitution of the No Constitution of the Unit- No Contitution of Vietnam turning to the Republic of Bulgaria los Estados Unidos aume du Maroc (2011), Kingdom of the Neth- ed Republic of Tanzania (2013), Art. 23 country? (1991), Art. 35 Mexicanos (1917), Art. Art 5. Para. d.1 erlands (2008), Art. 1 (1977), Art. 17(1) 11 Directive 2004/38/EC of the European Parlia- ment and of the Coun- cil (2004), Arts. 4, 5 Are NGOs that promote the interests of religious minorities: Permitted under Yes Bulgarian Non-Profit Yes Constitución Política de Yes Dahir 1-58-376 régle- Yes Constitution of the Yes Non-Governmental Or- Yes Decree No. the law? Legal Entities Act los Estados Unidos mentant le droit d'asso- Kingdom of the Neth- ganizations Act (2002), 12/2012/ND-CP on reg- (2000), Art. 2 Paras. 1– Mexicanos (1917), Art. ciation (1958), Art. 2 erlands (2008), Art. 8 Art. 2 istration and manage- 2 9 Ley Federal de Civil Code, Book 2 ment of operation of Fomento a las Activida- (1972), Art. 2:285 nongovernmental organ- des realizadas por Or- izations in Vietnam, ganizaciones de la (2012), Art. 3 Para. 1 Sociedad Civil (2004), Decree No. 30 on so- Art. 5, Sec. XIII cial and charity funds (2012), Art. 2 If yes, are the Yes Bulgarian Non-Profit Yes Ley Federal de Fomento Yes Dahir 1-58-376 régle- Yes Civil Code, Book 2 Yes Non-Governmental Or- Yes Decree No. NGOs subject to Legal Entities Act a las Actividades real- mentant le droit d'asso- (1972), Art. 2:20 ganizations Act (2002), 12/2012/ND-CP on reg- limitation by the (2000), Art. 3 (2) izadas por Organi- ciation (1958), Art. 3 Art. 14(1) istration and manage- state on the basis zaciones de la Sociedad ment of operation of of national securi- Civil (2004), Art. 30 nongovernmental organ- ty, public order, izations in Vietnam, Anti-Discrimination Law and Shared Prosperity 52 morality, or other (2012), Art. 4 grounds? Decree No. 30 on so- cial and charity funds (2012), Art. 7.1 Representation in the Three Branches of Government (Legislative, Executive, and Judiciary) Does the law: Mandate quotas No No No No No No for religious mi- norities in parlia- ment? Does the law prohibit an individual belonging to a religious minority from: Holding ministerial No No No No No No posts? Enforcement of Antidiscrimination Laws and Policies Does the law: Require the judici- No Yes Ley Federal para Preve- No No No No ary to receive nir y Eliminar la Dis- training in the ap- criminación (2003), Art. plication of existing 20, Para. XL, 34, Para. antidiscrimination IV laws dealing with religious minori- ties? Require the police No Yes Ley Federal para Preve- No No No No to receive training nir y Eliminar la Dis- in the application criminación (2003), Art. of existing antidis- 20, Para. XL, 34, Para. crimination laws IV dealing with reli- Ley General del Sistema gious minorities? Nacional de Seguridad Pública (2009), Art. 40, Secs. I, IV Anti-Discrimination Law and Shared Prosperity 53 Establish a special- Yes Ombudsman Act Yes Ley de la Comisión Yes Dahir n 1-11-19 portant Yes Institute for Human Yes Constitution of the Unit- No ized body tasked (2003), Nacional de los création du Conseil na- Rights Act, Sec. 1 ed Republic of Tanzania with receiving Art. 2 Derechos Humanos tional des droits de Institute for Human (1977), Art. 129(1) complaints for vio- (1992), Art. 2: Comisión l'Homme (2011) Rights (formerly Equal Commission for Human lations of human Protection Against Dis- Nacional de los Constitution du Roy- Treatment Commis- Rights and Good Gov- rights (Human crimination Act (2004), Derechos Humanos. aume du Maroc (2011), sion) ernance Act (2001), Art. Rights Committee, Art. 40 ALSO, Artt. 19, 161, and 164 6(1)(b) Ombudsman, etc.)? Ley Federal para Preve- nir y Eliminar la Dis- criminacio (2003), Art. 16: Consejo Nacional para Prevenir la Dis- criminación (not a gen- eral human rights body, but specialized in dis- crimination) If yes, does such Yes Ombudsman Act Yes Ley de la Comisión No Dahir n 1-11-19 portant Yes Institute for Human Yes Commission for Human N/A body hear com- (2003) Nacional de los création du Conseil na- Rights Act (2011), Secs. Rights and Good Gov- plaints of religious Art. 19 Para. 1 Derechos Humanos tional des droits de 3(a), 10(1) ernance Act (2001), Arts. discrimination? (1992), Art. 3 l'Homme (2011), Artt. 1, 6(1)(b), 28(1)(c) Protection Against Dis- Ley Federal para Preve- 3, and 4 crimination Act (2004), nir y Eliminar la Dis- Art. 48 Para. 2 criminación (2003), Arts. 1, Para. III, 43 Is there a budget Yes Ombudsman Act Yes Constitución Política de Yes Dahir n 1-11-19 portant Yes The Ministry of Justice Yes Commission for Human N/A allocation for the (2003), los Estados Unidos création du Conseil na- has the main responsi- Rights and Good Gov- operation of such Art. 7 Mexicanos (1917), Art. tional des droits de bility for the Institute's ernance Act (2001), Art. body/bodies? Protection Against Dis- 102 Para. B l'Homme (2011), Art. 55 budget. The budget is 29 crimination Act (2004), Ley de la Comisión regulated in the Annual Art. 40 Para. 3 Nacional de los Budgets Act and not in Derechos Humanos the Netherlands Insti- (1992), Arts. 2, 7 tute for Human Rights Ley Federal para Preve- Act. nir y Eliminar la Disci- minación (2003), Art. 16 (regarding CONAPRED, not the Ombudsman) LABOR Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Equality in Accessing the Labor Force Does the law: Prohibit individuals No Constitution of the No Ley Federal para Preve- No Code du Travail (2011), No Constitution of the No Constitution of the Unit- No Decree No. belonging to reli- Republic of Bulgaria nir y Eliminar la Dis- Art. 9 and Art. 478 Kingdom of the Neth- ed Republic of Tanzania 10/2012/QH13 Labor gious minorities (1991), Art. 6 Para. 2 criminación (2003), Art. Constitution du Roy- erlands (2008), Art. 19 (1977), Art. 22 (1) Code (2012), Art. 5 Pa- from obtaining Protection Against Dis- 9 Para. III aume du Maroc (2011), Para. 3 Employment and Labour ra. 1, Art. 8 Para. 1 employment in crimination Act (2004), Art. 31 Equal Treatment Act Relations Act (2004), Art. specific sectors? Art. 4 (1994), Sec. 5 (1)(b) 7(1) Anti-Discrimination Law and Shared Prosperity 54 Prohibit discrimi- Yes Labor Code (1992) Art. Yes Ley Federal para Preve- Yes Code du Travail (2011), Yes Equal Treatment Act Yes Constitution of the Unit- Yes Decree No. nation on religious 8 Para. 3 nir y Eliminar la Dis- Art. 9 and Art. 478 (1994), Sec. 5 (1) ed Republic of Tanzania 10/2012/QH13 Labor grounds in re- Protection Against Dis- criminación (2003), Art. Constitution du Roy- (1977), Art. 22 (2) Code (2012), Art. 5 Pa- cruitment in the crimination Act (2004), 9 Para. III aume du Maroc (2011), Employment and Labour ra. 1 public sector? Art. 12 Ley Federal del Trabajo Art. 31 Relations Act (2004), Law on Public Employ- Civil Servants Act (1970), Arts. 3, 133 Arts. 7(1), 7(4)(g) ees, (2010) Art. 21 Pa- (1999), Art. 7 Para. 6 ras. 1, 5 Decree No. 22/2008QH12 on Ca- dres and Civil Servants (2008), Art. 38 Paras. 1, 4 Prohibit discrimi- Yes Labor Code (1992) Art. Yes Ley Federal para Preve- Yes Code du Travail (2011), Yes Equal Treatment Act Yes Employment and Labour Yes Decree No. nation on religious 8 Para. 3 nir y Eliminar la Dis- Art. 9 and Art. 478 (1994), Sec. 5 (1) Relations Act, (2004), 10/2012/QH13 Labor grounds in re- Protection Against Dis- criminación (2003), Art. Constitution du Roy- The exception is Equal Art. 7(4)(g) Code (2012), Art. 8 Pa- cruitment in the crimination Act (2004), 9 Para. III aume du Maroc (2011), Treatment Act (1994), ra. 1 private sector? Art. 12 Para. 1 Ley Federal del Trabajo Art. 31 Sec. 5 (3) (1970), Arts. 3, 133 Prohibit an em- Yes Protection Against Dis- No No No No No ployer from asking crimination Act (2004), about an individu- Art. 12 Para. 1 al’s religion during the recruitment phase? Prescribe equal Yes Protection Against Dis- Yes Constitución Política de Yes Code du Travail (2011), Yes Equal Treatment Act Yes Constitution of the Unit- Yes Decree No. remuneration for crimination Act (2004), los Estados Unidos Art. 9 and Art. 478 (1994), Sec. 5 (1)(e), (h) ed Republic of Tanzania 10/2012/QH13 Labor work of equal val- Art. 14 Para. 1 Mexicanos (1917), Art. (1977), Art. 23 (1) Code (2012), Arts. 5 ue for individuals 123 Para. VII Employment and Labour Para. 1 (a), 8 Para. 1, 90 belonging to reli- Ley Federal del Trabajo Relations Act, (2004), Para. 3 gious minorities? (1970), Art. 56 Art. 7(10) Ordinance No. 21/2004 (2004) on Belief and Religion, Art. 8 Para. 1 Prohibit discrimi- Yes Criminal Code (1968), Yes Ley Federal del Trabajo Yes Code du Travail (2011), Yes Equal Treatment Act Yes Employment and Labour Yes Decree No. nation on religious Art. 172 Para. 1 (1970), Arts. 3, 133 Art. 9, Art. 36, Para. 5 (1994), Secs. 5 (1), 8 Relations Act, (2004), 10/2012/QH13 Labor grounds in the Protection Against Dis- Arts. 7(4)(g), 37(3)(b)(iii) Code (2012), Art. 8 Pa- dismissal of em- crimination Act (2004), ra. 1 ployees? Arts. 20–21 Access to Remedy Does the law allow an employee to bring a claim for employment discrimination on religious grounds? In the public sec- Yes Protection Against Dis- Yes Ley Federal del Trabajo Yes Code du Travail (2011), Yes Equal Treatment Act Yes Employment and Labour Yes Law on Public Employ- tor? crimination Act (2004), (1970), Arts. 2, 3, 133 Arts. 9, 41 (1994), Secs. 10, 12 (2) Relations Act, (2004), ees, Art. 30, Decree No. Arts. 50, 71 Ley Federal para Preve- Arts. 7(4)(g), 37(3) 10/2012/QH13 nir la Discriminación Labor Code (2012), Art. (2003), Art. 43 3 Para. 7, and 194 Para. 6 Anti-Discrimination Law and Shared Prosperity 55 If there is a law, Yes Protection Against Dis- No No provisions could be Yes Code du Travail (2011), Yes Equal Treatment Act No No provisions could be No No provisions could be does it prohibit crimination Act (2004), located Art. 36, Para. 4 (1994), Sec. 8(a) located located retaliation by the Arts. 5, additional pro- employer for visions, Sec. 1 (3) bringing a com- plaint or participat- ing in any manner in an employment discrimination pro- ceeding? In the private sec- Yes Protection Against Dis- Yes Ley Federal del Trabajo No Code du Travail (2011), Yes Equal Treatment Act Yes Employment and Labour Yes Decree No. tor? crimination Act (2004), (1970), Arts. 2, 3, 133 Arts. 9, 41 (1994), Secs. 10, 12 (2) Relations Act, (2004), 10/2012/QH13 Labor Art. 50 (administrative Ley Federal para Preve- Arts. 7(4)(g), 37(3) Code (2012), Art. 3 Pa- protection) nir la Discriminación ra. 7, and 194 Para. 6 Protection Against Dis- (2003), Art. 43 crimination Act (2004), Art. 71 (judicial protec- tion) If there is a law, Yes Protection Against Dis- No No provisions could be Yes Code du Travail (2011), Yes Equal Treatment Act No No provisions could be No No provisions could be does it prohibit crimination Act (2004), located Art. 36, Para. 4 (1994), Sec. 8(a) located located retaliation by the Arts. 5, additional pro- employer for visions, Sec. 1 (3) bringing a com- plaint or participat- ing in any manner in an employment discrimination pro- ceeding? Does the law: Shift the burden of Yes Protection Against Dis- Yes Ley Federal del Trabajo No Yes Equal Treatment Act Yes Employment and Labour No Decree No. proof for antidis- crimination Act (2004), (1970), Art. 784 (1994), Sec. 10 (1) Relations Act (2004), Art. 10/2012/QH13 Labor crimination claims Art. 9 7(8)(a) Code (2012), Art. 192 from the employee Para. 2(a) to the employer? Civil Proceeding Code (2012), Art. 79 Para. 1 Allow class action Yes Protection Against Dis- Yes Ley Federal del Trabajo Yes Code du Travail (2011), Yes Equal Treatment Act No Yes Civil Proceeding Code lawsuits for em- crimination Act (2004), (1970), Art. 697 Art. 549 (1994), Sec. 10 (2) (2012), Art. 31 Para. 2 ployment discrimi- Art. 71 Paras. 2, 3 (a) nation on religious Civil Procedure Code grounds? (2007), Art. 379 Para. 1 EDUCATION Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Participation in Education Does the law prohibit discrimination in school admission on religious grounds in: Anti-Discrimination Law and Shared Prosperity 56 Primary education? Yes National Education Act Yes Constitución Política de Yes Constitution du Roy- Yes Equal Treatment Act Yes Education Act (1978), Yes Decree No. (1991), Art. 4 Para. 2 los Estados Unidos aume du Maroc (2011), (1994), Sec. 7 (1)(c) Art. 56(2) 38/2005/QH11 on Edu- Mexicanos (1917), Art. Art. 31 Dahir n Primary Education Act Law of the Child Act cation Law (2005), Art. 3 19-68 portant ratifica- (1981), Art. 46 Para. 2 (2009), Art. 5(2), 8(2) 10 Ley General de Edu- tion et publication de la cación (1993), Art. 2 convention internatio- Ley Federal para Preve- nale sur l'élimination de nir y Eliminar la Dis- toutes les formes de criminación (2003), Art. discrimination raciale 9 (1969), Art. 5 Dahir n 1-79-186 portant publication du Pacte international relatif aux droits économiques, sociaux et culturels et du Pacte international relatif aux droits civils et politiques (1979), Art. 13 Secondary educa- Yes National Education Act Yes Constitución Política de Yes Constitution du Roy- Yes Equal Treatment Act Yes Education Act (1978), Yes Decree No. tion? (1991), Art. 4 Para. 2 los Estados Unidos aume du Maroc (2011), (1994), Sec. 7 (1)(c) Art. 56(2) 38/2005/QH11 on Edu- Mexicanos (1917), Art. Art. 31 Dahir n Secondary Education Law of the Child Act cation Law (2005), Art. 3 19-68 portant ratifica- Act (1963), Art. 42 (2009), Art. 5(2), 8(2) 10 Ley General de Edu- tion et publication de la Para. 2 cación (1993), Art. 2 convention internatio- Ley Federal para Preve- nale sur l'élimination de nir y Eliminar la Dis- toutes les formes de criminación (2003), Art. discrimination raciale( 9 1969), Art. 5 Dahir n 1-79-186 portant publication du Pacte international relatif aux droits économiques, sociaux et culturels et du Pacte international relatif aux droits civils et politiques (1979), Art. 13 Anti-Discrimination Law and Shared Prosperity 57 Tertiary education? Yes Higher Education Act Yes Constitución Políticade Yes Constitution du Roy- Yes Equal Treatment Act Yes Education Act (1978), Yes Decree No. (1995), Art. 4 los Estados Unidos aume du Maroc (2011), (1994), Sec. 7 (1)(c) Art. 56(2) 38/2005/QH11 on Edu- Mexicanos (1917), Art. Art. 31 Dahir n cation Law (2005), Art. 3 19-68 portant ratifica- 10 Ley General de Edu- tion et publication de la cación (1993), Art. 2 convention internatio- Ley Federal para Preve- nale sur l'élimination de nir y Eliminar la Dis- toutes les formes de criminación (2003), Art. discrimination raciale( 9 1969), Art. 5 Dahir n 1-79-186 portant publication du Pacte international relatif aux droits économiques, sociaux et culturels et du Pacte international relatif aux droits civils et politiques (1979), Art. 13 Does the law prescribe quotas for individuals belonging to religious minorities in: Primary education? No No No No No No Secondary educa- No No No No No No tion? Tertiary education? No No No No No No Fighting Marginalization in Education Does the law mandate the adoption of measures aimed at sensitizing the students to the principles of nondiscrimination and equality in: Primary education? Yes Protection Against Dis- Yes Constitución Política de No Yes Primary Education Act No No crimination Act (2004), los Estados Unidos (1981), Art. 46 Art. 35 Paras. 1, 3 Mexicanos (1917), Art. National Education Act 3 Para. 4 (1991) Art. 15 Para. 2 Ley General de Edu- cación (1993), Arts. 7, 8, 33 Secondary educa- Yes Protection Against Dis- Yes Constitución Política de No Yes Secondary Education No No tion? crimination Act (2004), los Estados Unidos Act (1963), Art. 42 Art. 35 Paras 1, 3. Mexicanos (1917), Art. National Education Act 3 Para. 4 (1991), Art. 15 Para. 2 Ley General de Edu- cación (1993), Arts. 7, 8, 33 Does the law: Anti-Discrimination Law and Shared Prosperity 58 Mandate the revi- Yes Protection Against Dis- Yes Ley General de Edu- No No No No sion of national crimination Act (2004), cación (1993), Arts. 8, textbooks in pri- Art 35 Paras. 1, 3 12 Para. III mary and second- ary education to eliminate discrimi- natory language? Mandate the train- Yes Protection Against Dis- Yes Ley General de Edu- No No No No ing of school crimination Act (2004), cación (1993), Arts. 8, teachers in primary Art 35 Paras. 1, 3 12 Para. III and secondary education on anti- discrimination of religious minori- ties? Does the law allow individuals belonging to religious minorities to show signs of religious affiliation in: Primary education? Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- Yes Constitution of the Yes Constitution of the Unit- No Republic of Bulgaria los Estados Unidos aume du Maroc (2011), Kingdom of the Neth- ed Republic of Tanzania, (1991), Art 37 Para. 1 Mexicanos (1917), Art. Art. 3 erlands (2008), Art. 23 Art. 19 Religious Denomina- 24 Para. 3 tions Act (2002), Arts. Ley de Asociaciones 5, 6 Religiosas y Culto Públi- co (1992), Arts. 1, 2 Secondary educa- Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- Yes Constitution of the Yes Constitution of the Unit- No tion? Republic of Bulgaria los Estados Unidos aume du Maroc (2011), Kingdom of the Neth- ed Republic of Tanzania, (1991), Art. 37 Para. 1 Mexicanos (1917), Art. Art. 3 erlands (2008), Art. 23 Art. 19 Religious Denomina- 24 Para. 3 tions Act (2002), Arts. Ley de Asociaciones 5, 6 Religiosas y Culto Públi- co (1992), Arts. 1, 2 Tertiary education? Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- Yes Constitution of the Yes Constitution of the Unit- Yes Constitution of Vietnam Republic of Bulgaria los Estados Unidos aume du Maroc (2011), Kingdom of the Neth- ed Republic of Tanzania, (2013), Art. 24 (1991), Art. 37 Para. 1 Mexicanos (1917), Art. Art. 3 erlands (2008), Art. 23 Art. 19 Religious Denomina- 24 Para. 3 tions Act (2002), Arts. Ley de Asociaciones 5, 6 Religiosas y Culto Públi- co (1992), Arts. 1, 2 PROPERTY Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Access to Land Do laws and/or regulations relating to any of these transactions differ between religious minorities and the majority? Obtain a title of No No No No No No land (e.g., for the purposes of trans- fer or sale)? Lease land? No No No No No No Anti-Discrimination Law and Shared Prosperity 59 License land? No No No No No No Obtain a mort- No No No No No No gage? Inherit land? No No Yes Loi n°70-03 portant No No No Code de la Famille (2004), Art. 2 Contractual Capacity, Ownership and Private Businesses Do laws and/or regulations relating to any of these transactions differ between religious minorities and the majority? Sign a contract? No No No No No No Register a compa- No No No No No No ny? Transfer a private No No No No No No business? PUBLIC SERVICES Bulgaria Mexico Morocco Netherlands Tanzania Vietnam AND SOCIAL PROTECTION Public Services Provided by the Government Does the law prohibit discrimination against individuals belonging to religious minorities in accessing: Health care? Yes Protection Against Dis- Yes Ley General de Salud Yes Constitution du Roy- Yes Equal Treatment Act No Yes Decree No. crimination Act (2004), (1984), Art. 77 bis 36 aume du Maroc (2011), (1994), Secs. 7 (1)(b)– 40/2009/QH12 Law on Art. 37 Paras. VII, XX Art. 31 (c) Medical Examination and Health Act (2004), Art. Ley del Seguro Social Treatment (2009), Art. 9 85 (1995), Arts. 214–217, Para. 1 238 Ley Federal para Preve- nir y Eliminar la Dis- criminación (2003), Art. 9 Para. XX Social housing? Yes Constitution of the Yes Ley General de Vivienda Yes Constitution du Roy- Yes Equal Treatment Act No No Republic of Bulgaria (2006), Art. 3 aume du Maroc (2011), (1994), Secs. 7 (1)(b)– (1991) , Art. 6 Para. 2 Ley Federal para Preve- Art. 31 (c) Protection Against Dis- nir y Eliminar la Dis- crimination Act (2004), criminación (2003), Art. Arts. 4 Para. 1, 37 9 Para. XXI Social Assistance Act (1998), Art. 3 Electricity? Yes Constitution of the Yes Ley Federal para Preve- No Yes Equal Treatment Act No No Republic of Bulgaria nir y Eliminar la Dis- (1994), Secs. 7 (1)(b)– (1991), Art. 6 Para. 2 criminación (2003), Art. (c) Protection Against Dis- 9 Para. XXII crimination Act (2004), Ley de la Industria Elec- Arts. 4 Para. 1, 37 En- trica (2014), Art. 50 ergy Act (2003), Art. 31 Anti-Discrimination Law and Shared Prosperity 60 Water supply? Yes Constitution of the Yes Ley Federal para Pre- Yes Constitution du Roy- Yes Equal Treatment Act No Yes Decree No. Republic of Bulgaria venir y Eliminar la Dis- aume du Maroc (2011), (1994), Secs. 7 (1)(b)– 15/2012/L/CTN Law on (1991), Art. 6 Para. 2 criminación (2003), Art. Art. 31 (c) Water Resources Protection Against Dis- 9 Para. XXII (2012), Art. 3 Para. 5 crimination Act (2004), Arts. 4 Para. 1, 37 Microcredits? Yes Constitution of the Yes Ley para la Transparen- Yes Loi 18-97 relative au Yes Equal Treatment Act No No Republic of Bulgaria cia y el Ordenamiento micro-crédit (1999), Art. (1994), Secs. 7 (1)(d) (1991), Art. 6 Para. 2 de los Servicios Financi- 6 Protection Against Dis- eros (2007), Arts. 4 bis crimination Act (2004), 3 Para. III, 17 Arts. 4 Para. 1, 37 Subsidized health Yes Constitution of the Yes Ley Federal para Preve- Yes Constitution du Roy- Yes Equal Treatment Act No Yes Decree No. 23/2008/L- insurance? Republic of Bulgaria nir y Eliminar la Dis- aume du Maroc (2011), (1994), Secs. 7 (1)(b)– CTN Law on Health (1991), Art. 6 Para. 2 criminación (2003), Art. Art. 31 (c) Insurance (2009), Art. Protection Against Dis- 9 Para. VII 11 Para. 4 crimination Act (2004), Arts. 4 Para. 1, 37 Social pensions? Yes Constitution of the Yes Ley Federal para Preve- No Yes Equal Treatment Act No No Republic of Bulgaria nir y Eliminar la Dis- (1994), Secs. 7 (1)(b)– (1991), Art. 6 Para. 2 criminación (2003), Art. (c) Protection Against Dis- 9 Para. XX crimination Act (2004), Arts. 4 Para. 1, 37 Child benefits? Yes Constitution of the No No Yes Equal Treatment Act No No Republic of Bulgaria (1994), Secs. 7 (1)(b)– (1991), Art. 6 Para. 2 (c) Protection Against Dis- crimination Act (2004), Arts. 4 Para. 1, 37 Social Assistance Act (1998), Art. 3 Public Services Provided by Civil Society Does the law allow civil society organizations (CSOs) to provide social services specifically to individuals belonging to religious minorities including: Vaccination? Yes Bulgarian Non-Profit Yes Ley Federal de Fomento Yes Not explicit but should Yes Not explicit but should Yes Not explicitly but should Yes Not explicit but should Legal Entities Act a las Actividades real- be covered by Dahir 1- be covered by Consti- be covered by Non- be covered by Decree (2000), Art. 38 izadas por Organi- 58-376 réglementant le tution of the Kingdom Governmental Organiza- No. 12/2012/ND-CP on Health Act (2004), Art. zaciones de la Sociedad droit d'association of The Netherlands tions Act (2002), Art. 2 registration and man- 222. Civil (2004), Art. 5 Pa- (1958), Art. 2 (2008), Art. 8 agement of operation of ras. I, V, XI nongovernmental organ- izations in Vietnam (2012), Art. 4 Anti-Discrimination Law and Shared Prosperity 61 Water? Yes Bulgarian Non-Profit Yes Ley Federal de Fomento Yes Not explicit but should Yes Not explicit but should Yes Not explicitly but should Yes Not explicit but should Legal Entities Act a las Actividades real- be covered by Dahir 1- be covered by Consti- be covered by Non- be covered by Decree (2000), Art. 38 izadas por Organi- 58-376 réglementant le tution of the Kingdom Governmental Organiza- No. 12/2012/ND-CP on zaciones de la Sociedad droit d'association of The Netherlands tions Act (2002), Art. 2 registration and man- Civil (2004), Art. 5 (1958), Art. 2 (2008), Art. 8 agement of operation of Paras. I, V, XI nongovernmental organ- izations in Vietnam (2012), Art. 4 Sanitation? Yes Bulgarian Non-Profit Yes Ley Federal de Fomento Yes Not explicit but should Yes Not explicit but should Yes Not explicitly but should Yes Not explicit but should Legal Entities Act a las Actividades real- be covered by Dahir 1- be covered by Consti- be covered by Non- be covered by Decree (2000), Art. 38 izadas por Organi- 58-376 réglementant le tution of the Kingdom Governmental Organiza- No. 12/2012/ND-CP on zaciones de la Sociedad droit d'association of The Netherlands tions Act (2002), Art. 2 registration and man- Civil (2004), Art. 5 (1958), Art. 2 (2008), Art. 8 agement of operation of Paras. I, V, XI nongovernmental organ- izations in Vietnam (2012), Art. 4 Family planning? Yes Bulgarian Non-Profit Yes Ley Federal de Fomento Yes Not explicit but should Yes Not explicit but should Yes Not explicitly but should Yes Not explicit but should Legal Entities Act a las Actividades real- be covered by Dahir 1- be covered by Consti- be covered by Non- be covered by Decree (2000), Art. 38 izadas por Organi- 58-376 réglementant le tution of the Kingdom Governmental Organiza- No. 12/2012/ND-CP on zaciones de la Sociedad droit d'association of The Netherlands tions Act (2002), Art. 2 registration and man- Civil (2004), Art. 5 (1958), Art. 2 (2008), Art. 8 agement of operation of Paras. I, V, XI nongovernmental organ- izations in Vietnam (2012), Art. 4 Does the law: Impose funding No No No No No No limitations on CSOs on the pro- vision of such ser- vices? Taxation Does the law: Allow tax deduc- Yes Bulgarian Non-Profit Yes Ley del Impuesto sobre Yes Loi n. 24-86 instituant Yes Law on Giving Act, Yes Not explicitly but should No tions for donations Legal Entities Act la Renta (2013), Arts. un impôt sur les sociétés Geefwet (2012), Art. 8 be covered by the In- to NGOs that (2000), Art. 4 79 (1986), Art. 7 Para. 9 (b) come Tax Act (2004), promote the inter- Corporate Income Tax Art. 16(1) ests of religious Act (2006), Art. 31 minorities? HATE CRIMES Bulgaria Mexico Morocco Netherlands Tanzania Vietnam AND HATE SPEECH Hate Crimes Legislation Does the law: Anti-Discrimination Law and Shared Prosperity 62 Criminalize hate Yes Criminal Code (1968), No Codigo Penal Federal Yes Code Pénal (1962), Art. Yes Criminal Code (1881), No Yes Criminal Code (1999), speech? Art. 162 Para. 1 (1931), Art. 149 Ter 308-5 referring only to Art. 137c Art. 87 Para. 1(b) refers to the crime of incitement of hate dur- "discrimination" ing sport events Criminalize hate Yes Criminal Code (1968), No No No No No crimes? Arts. 162–165 If there is a law, Yes Criminal Code (1968), N/A N/A N/A N/A N/A does it define hate Arts. 162, 172 crime as a substan- tive offense? If there is a law, Yes Criminal Code (1968), N/A N/A N/A N/A N/A does it define hate Arts. 116, 131 Para. 1 crime as an aggra- Sec. 12 vating circum- stance? If there is a law, Yes Criminal Code (1968), N/A N/A N/A N/A N/A does it define reli- Arts. 162, 131 Para 1. gious identity as a Sec. 12, 416–419 protected charac- teristic? If there is a law, Yes Criminal Code (1968), N/A N/A N/A N/A N/A does it protect Art. 162 Para. 2, 163 property? If there is a law, No N/A N/A N/A N/A N/A does it extend to victims by associa- tion? Awareness Raising and Training on Hate Crimes Does the law: Require govern- Yes Judiciary System Act N/A N/A N/A N/A N/A ment agencies to (2007), Arts. 377–384 collect data on hate crimes com- mitted on religious grounds? Does the law mandate trainings of the following professionals on recognizing and identifying hate crimes? Paramedics? No N/A N/A N/A N/A N/A Police officers? No N/A N/A N/A N/A N/A Prosecutors? No N/A N/A N/A N/A N/A Judges? No N/A N/A N/A N/A N/A Social workers? No N/A N/A N/A N/A N/A Anti-Discrimination Law and Shared Prosperity 63 Other? No N/A N/A N/A N/A N/A Services to Victims of Hate Crimes Does the law mandate the provision of any of the following services to victims of hate crimes: Legal assistance Yes Legal Aid Act (2005), N/A N/A N/A N/A N/A (including asylum Arts. 21, 22 applications)? Asylum and Refugees Act (2002), Art. 20 Shelter/housing? No N/A N/A N/A N/A N/A Forensic or medi- Yes Law on Support and N/A N/A N/A N/A N/A cal examinations? Financial Compensation to Crime Victims (2006), Art. 8 Anti-Discrimination Law and Shared Prosperity 64 LGBTI Survey INSTITUTIONS Bulgaria Mexico Morocco Netherlands Tanzania Vietnam The Constitution and National Legislation Under the Constitution: Is there a general Yes Constitution of the Yes Constitución Política de No Yes Constitution of the King- Yes Constitution of the Unit- Yes Constitution of Vi- nondiscrimination Republic of Bulgaria los Estados Unidos Mex- dom of the Netherlands ed Republic of Tanzania etnam (2013) Art. 5 clause? (1991), Art. 6 Para. 2 icanos (1917), Art. 1 (2008), Art. 1 (1977), Arts. 9(g), Para. 2 13(1)(2) If yes, does it explicitly No Yes Constitución Política de N/A No No No mention sexual orien- los Estados Unidos Mex- tation as a protective icanos (1917), Art. 1 status? If yes, does it explicitly No No N/A No No No mention gender iden- tity as a protective status? Is there a provision Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- Yes Constitution of the King- Yes Constitution of the Unit- Yes Constitution of Vi- that guarantees equali- Republic of Bulgaria los Estados Unidos Mex- aume du Maroc (2011), dom of the Netherlands ed Republic of Tanzania etnam (2013) Art. 16 ty before the law? (1991), Art. 6 Paras. 1, icanos (1917), Art. 4 Art. 6 (2008), Art. 1 (1977), Arts. 12, 13(1) Para. 1 2 If yes, does it explicitly No No No No No No mention LGBTI indi- viduals? Under national legislation: Is there a specific law Yes Protection Against Yes Ley Federal para Preve- No Yes Equal Treatment Act No No on nondiscrimination? Discrimination Act nir y Eliiminar la Dis- (1994) (2004) criminación (2003) If yes, does it provide Yes Protection Against Yes Ley Federal para Preve- N//A Yes Equal Treatment Act N/A N/A protection from dis- Discrimination Act nir y Eliminar la Dis- (1994), Sec. 1(b) crimination on sexual (2004), Art. 4 Para. 1 criminación (2003), Art. orientation grounds? 1 If yes, does it provide Yes Protection Against No N/A No N/A N/A protection from dis- Discrimination Act crimination on gender (2004), Art. 4 Para. 1, identity grounds? Additional Provisions, Sec. 1, Subsection 17 Anti-Discrimination Law and Shared Prosperity 65 Are there any other Yes Criminal Code (1968), No No Yes Criminal Code (1881), No No laws that protect Art. 8 Para. 3 Art. 137 LGBTI individuals National Education Act from discrimination? (1991) Higher Education Act (1995) Labor Code (1992) Health Act (2004) Political Rights Is there a provision Yes Constitution of the Yes Constitución Política de Yes Constitution du Roy- Yes Constitution of the King- Yes Constitution of the Unit- Yes Constitution of Vi- that guarantees free- Republic of Bulgaria los Estados Unidos Mex- aume du Maroc (2011), dom of the Netherlands ed Republic of Tanzania etnam (2013), Art. 25 dom of opinion and (1991), Art. 39 Para. 1 icanos (1917), Arts. 6, 7 Art. 25 (2008), Art. 7 (1977), Art. 18 expression? Do laws and/or regulations relating to any of these categories differ between LGBTI individuals and the rest of the population? Obtaining citizenship? No Constitution of the No Constitución Política de No Code de la nationalité No Constitution of the King- No Tanzania Citizenship Act No Nationality Law Republic of Bulgaria los Estados Unidos Mex- moracaine(1958), Art. 9 dom of the Netherlands (1995), Arts. 4–6 (2008), Art. 2 Para. 2 (1991), Art. 25 Para. 1 icanos (1917), Art. 30 (2008), Art. 1 Para. A Netherlands Nationality Act (2010), Art. 3 Obtaining a passport? No Bulgarian Personal No Constitución Politica de No Décret n°2-08-310 in- No Constitution of the King- No Tanzania Passports and No Decree No. 136/2007 Documents Act (1999), los Estados Unidos Mex- stituant le passeport dom of the Netherlands Travel Documents Act ND-CP 17 on Viet- Art. 4 Para. 1 icanos (1917), Art. 4 biométrique (2008), Art. (2008), Art. 1 (2002), Art. 12 namese Citizens' Exit Reglamento de 1 No restriction or differ- and Entry (2007), Art. Pasaportes y del Docu- ent treatment could be 8 mento de Identidad y found on the Passport Act Viaje (2011), Art. 14 When applying for a Yes Regulations for Issuing Yes Secretaria de Relaciones Yes Décret n°2-08-310 in- No Passport/identity card Yes Tanzania Passports and Yes Circular No. passport, are there of Bulgarian Personal Exteriores, Formato de stituant le passeport application, item 1.7 Travel Documents Act 07/2013/TT-BCA only two options, Documents, Appendix solicitud de pasaporte. biométrique (2008), (2002), First Schedule (2013) amending and “male" or "female”? 2 Reglamento de Formulaire de demande supplementing the Pasaportes y del Docu- du Passeport Biométri- issuance, amendment, mento de Identidad y que and supplementation Viaje (2011), Art. 16 of ordinary passports granted in the country, form X01 When applying for an Yes Regulations for Issuing Yes Ley General de Institu- Yes Loi n°35-06 instituant la No Passport/identity card Yes Registration and Identifi- Yes Circular 05; Decree ID card, are there of Bulgarian Personal ciones y Procedimientos carte nationale d'identité application, item 1.7 cation of Persons Act No. 05/1999/ND-CP 3 only two options, Documents, Appendix Electorales (2014), Art. électronique (2007), Art. (1986), Art. 9(b)(v) on the People's Identi- “male" or "female”? 2 156 3 ty Card (1999), Art. 2 Does the law: Anti-Discrimination Law and Shared Prosperity 66 Require the assigned Yes Bulgarian Personal Yes Secretaria de Relaciones Yes Formulaire de demande No Civil Code, Book 1 Yes Passport Application Yes Decree 158/2005/ND- gender on the pass- Documents Act (1999) Exteriores, Formato de du Passeport Biométri- (1970), Art. 1:28 Form CP on Civil Status port to match the solicitud de pasaporte. que Registration and Man- expression of one’s Reglamento de agement (2005), Art. gender? Pasaportes y del Docu- 38 Para. 4 mento de Identidad y Viaje (2011), Art. 16 Require gender- N/A No applicable provi- N/A No applicable provisions N/A No applicable provisions N/A No applicable provisions N/A No applicable provisions No Decree 158/2005/ND- reassignment surgery sions could be located could be located could be located could be located could be located CP 27 (December for intersex children 2005) on Civil Status in order to receive a Registration and Man- birth certificate? agement, Art. 38 Para. 4 Allow an individual to Yes Bulgarian Personal Yes Reglamento de N/A No applicable provisions Yes Civil Code, Book 1 N/A No applicable provisions Yes Law No. obtain a new ID card Documents Act (1999), Pasaportes y del Docu- could be located (1970), Art. 1:28 could be located 60/2014/QH13 on or passport after gen- Art. 9 Para. 1 Regula- mento de Identidad y Civil Status (2014), der reassignment? tions for Issuing of Bul- Viaje (2011), Art. 16 Art. 3 Para. 2(c) garian Personal Documents, Art. 20 Are NGOs that promote the interests of LGBTI individuals: Permitted under the Yes Bulgarian Non-Profit Yes Constitución Política de N/A Yes Constitution of the King- N/A Yes Decree No. law? Legal Entities Act los Estados Unidos Mex- dom of the Netherlands 12/2012/ND-CP on (2000), Art. 2 Para. 1 icanos (1917), Art. 9 (2008), Art. 8 registration and man- and Art. 2 Para. 2 Ley Federal de Fomento Civil Code, Book 2 agement of operation a las Actividades realiza- (1972), Art. 2:285 of nongovernmental das por Organizaciones organizations in Vi- de la Sociedad Civil etnam (2012), Art. 3 (2004), Art. 5 Sec. XIII Para. 1 Decree No. 30 on social and charity funds (2012), Art. 2 If yes, are the NGOs Yes Bulgarian Non-Profit Yes. Ley Federal de Fomento N/A Yes Civil Code, Book 2 N/A Yes Decree No. subject to limitation Legal Entities Act a las Actividades realiza- (1972), Art. 2:20 12/2012/ND-CP on by the state on the (2000), Art. 3 (2) das por Organizaciones registration and man- basis of national secu- de la Sociedad Civil agement of operation rity, public order, mo- (2004), Art. 30 of nongovernmental rality, or other organizations in Vi- grounds? etnam, (2012), Art. 4 Decree No. 30 on social and charity funds (2012), Art. 7.1 Representation in the Three Branches of Government (Legislative, Executive, and Judiciary) Does the law: Mandate quotas for No No No No No No LGBTI individuals in parliament? Anti-Discrimination Law and Shared Prosperity 67 Does the law prohibit LGBTI individuals from: Holding ministerial No No No No No No posts? Enforcement of Antidiscrimination Laws and Policies Does the law: Require the judiciary No Yes Ley Federal para Preve- N/A No N/A No to receive training in nir y Eliminar la Dis- the application of ex- criminación (2003), Art. isting antidiscrimina- 20, Para. XL, 34, Para. IV tion laws dealing with sexual orientation and/or gender identi- ty? Require the police to No Yes Ley Federal para Preve- N/A No N/A No receive training in the nir y Eliminar la Dis- application of existing criminación (2003), Art. antidiscrimination 20 Para XL, 34, Para. IV laws dealing with sex- Ley General del Sistema ual orientation and/or Nacional de Seguridad gender identity? Pública (2009), Art. 40, Secs. I, IV Establish a specialized Yes Ombudsman Act Yes Ley de la Comisión Yes Dahir n 1-11-19 portant Yes Institute for Human Yes Constitution of the Unit- No body tasked with re- (2003), Nacional de los Derech- création du Conseil na- Rights Act, Sec.1 ed Republic of Tanzania ceiving complaints for Art. 2. os Humanos (1992), Art. tional des droits de Institute for Human (1977), Art. 129(1) violations of human 2: Comisión Nacional de l'Homme (2011) Rights (formerly Equal Commission for Human rights (Human Rights Protection Against los Derechos Humanos Constitution du Roy- Treatment Commission) Rights and Good Govern- Committee, Om- Discrimination Act Ley Federal para Preve- aume du Maroc (2011), ance Act (2001), Art. budsman, etc.)? (2004), Art. 40. nir y Eliminar la Dis- Artt. 19, 161 and 164 6(1)(b) criminación (2003), Art. 16: Consejo Nacional para Prevenir la Dis- criminación (not a gen- eral human rights body, but specialized in dis- crimination) If yes, does such body Yes Ombudsman Act Yes Ley de la Comisión No Yes Institute for Human No N/A hear complaints of (2003), Nacional de los Derech- Rights Act (2011), Secs. discrimination against Art. 19. Para. 1 os Humanos (1992), Art. 3(a), 10 (1) LGBTI individuals or 3 those perceived as Protection Against Ley Federal para Preve- such? Discrimination Act nir y Eliminar la Dis- (2004), Art. 48 Para. 2 criminación (2003), Arts. 1 Para. III, 43 Anti-Discrimination Law and Shared Prosperity 68 Is there a budget allo- Yes Ombudsman Act Yes Constitución Política de Yes Dahir n 1-11-19 portant Yes The Ministry of Justice has Yes Commission for Human N/A cation for the opera- (2003), los Estados Unidos Mex- création du Conseil na- the main responsibility for Rights and Good Govern- tion of such body? Art. 7 icanos (1917), Art. 102 tional des droits de the Institute's budget. The ance Act (2001), Art. 29 Protection Against Para. B l'Homme (2011), Art. 55 budget is regulated in the Discrimination Act Ley de la Comisión Annual Budgets Act and (2004), Art. 40 Para. 3 Nacional de los Derech- not in the Netherlands os Humanos (1992), Institute for Human Arts. 2, 75 Rights Act. Ley Federal para Preve- nir y Eliminar la Disci- minación (2003), Art. 16 (regarding CONAPRED, not the Ombudsman) LABOR Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Equality in Accessing the Labor Force Does the law: Prohibit LGBTI indi- No Labor Code (1992), No Ley Federal para Preve- No Code du Travail (2011), No Constitution of the King- No Constitution of the Unit- No Decree No. viduals from obtaining Art. 8 Para. 3 nir y Eliminar la Dis- Art. 9 and Art. 478 dom of the Netherlands ed Republic of Tanzania 10/2012/QH13 Labor employment in specif- Protection Against criminación (2003), Art. Constitution du Roy- (2008), Art. 19 Para. 3 (1977), Art. 22 (1) Code (2012), Art. 5 ic sectors? Discrimination Act 9 Para. III aume du Maroc (2011), Equal Treatment Act Employment and Labour Para. 1, Art. 8 Para. 1 (2004), Art. 12 Art. 31 (1994), Sec. 5 (1)(b) Relations Act, (2004), Art. 7(1) Prohibit discrimina- Yes Labor Code (1992), Yes Ley Federal para Preve- Yes Code du Travail (2011), Yes Equal Treatment Act No Yes Decree No. tion in recruitment in Art. 8 Para 3 nir y Eliminar la Dis- Art. 9 and Art. 478 (1994), Sec. 5 (1) 10/2012/QH13 Labor the public sector? Protection Against criminación (2003), Art. Constitution du Roy- Code (2012), Arts. 5 Discrimination Act 9 Para. III Ley aume du Maroc (2011), Para. 1, 38 Paras 1, 4 (2004), Art. 12 Para. 1 Federal del Trabajo Art. 31 (1970), Arts. 2, 3, 133 If yes, is sexual orien- Yes Labor Code (1992), Yes Ley Federal para Preve- No Yes Equal Treatment Act N/A No tation included? Art. 8 Para. 3 nir y Eliminar la Dis- (1994), Sec. 1 (1)(b) Protection Against criminación (2003), Art. Discrimination Act 9 Para. III Ley (2004), Art. 12 Para. 1, Federal del Trabajo Art. 4 Para. 1 (1970), Arts. 2, 3, 133 If yes, is gender identi- Yes Protection Against No No No N/A No ty included? Discrimination Act (2004), Art. 12 Para. 1, Art. 4 Para. 1 Prohibit discrimina- Yes Labor Code (1992), Yes Ley Federal para Preve- Yes Code du Travail (2011), Yes Equal Treatment Act No Yes Decree No. tion in recruitment in Art. 8 Para. 3 nir y Eliminar la Dis- Art. 9 and Art. 478 (1994), Sec. 5 (1) 10/2012/QH13 Labor the private sector? Protection Against criminación (2003), Art. Constitution du Roy- Code (2012), Art. 8 Discrimination Act 9 Para. III Ley aume du Maroc (2011), Para. 1, Art. 5 Para. 1 (2004), Art. 12 Para. 1 Federal del Trabajo Art. 31 (1970), Arts. 2, 3, 133 Anti-Discrimination Law and Shared Prosperity 69 If yes, is sexual orien- Yes Labor Code (1992), Yes Ley Federal para Preve- No Yes Equal Treatment Act N/A No tation included? Art. 8 Para. 3 nir y Eliminar la Dis- (1994), Sec. 1 (1)(b) Protection Against criminación (2003), Art. Discrimination Act 9 Para. III (2004), Art. 12 Para. 1, Ley Federal del Trabajo Art. 4 Para. 1 (1970), Arts. 2, 3, 133 If yes, is gender identi- Yes Protection Against No No No N/A No ty included? Discrimination Act (2004), Art. 12 Para. 1, Art. 4 Para. 1 Prohibit an employer Yes Protection Against No No No No No from asking about an Discrimination Act individual’s sexual (2004), Art. 12 Para. 2 orientation or gender identity during the recruitment phase? Prescribe equal remu- Yes Protection Against Yes Constitución Política de No Yes Equal Treatment Act No Yes Decree No. neration for work of Discrimination Act los Estados Unidos Mex- (1994), Sec. 5 (1)(e), (h) 10/2012/QH13 Labor equal value for LGBTI (2004), Art. 14 Para. 1 icanos (1917), Art. 123 Code (2012), Arts. 5 individuals? Para. VII Para 1 (a), 8 Para. 1 , Ley Federal del Trabajo 90 Para. 3 (1970), Art. 56 Prohibit the dismissal Yes Protection Against Yes Ley Federal del Trabajo No Yes Equal Treatment Act No No of employees on sex- Discrimination Act (1970), Arts. 3, 133 (1994), Secs. 5(1), 8 ual orientation or (2004), Art. 21 gender identity grounds? Access to Remedy Does the law allow an employee to bring a claim for employment discrimination on sexual orientation or gender identity grounds: In the public sector? Yes Protection Against Yes Ley Federal del Trabajo N/A Yes Equal Treatment Act N/A No Discrimination Act (1970), Arts. 2, 3, 133 (1994), Secs. 10, 12 (2) (2004), Art. 50, 71. Ley Federal para Preve- nir la Discriminación (2003), Art. 43 If yes, is the employee No Protection Against No Ley Federal del Trabajo N/A No Equal Treatment Act N/A N/A required to prove loss Discrimination Act (1970), Art. 784 (1994), Sec. 10 (1) or injury? (2004), Art. 9 If there is a law, does Yes Protection Against No No provisions could be N/A Yes Equal Treatment Act N/A No No provisions could it prohibit retaliation Discrimination Act located (1994), Sec. 8(a) be located by the employer for (2004), Art. 5, addi- bringing a complaint tional provisions, Sec. 1 or participating in any (3) manner in an em- ployment discrimina- tion proceeding? Anti-Discrimination Law and Shared Prosperity 70 In the private sector? Yes Protection Against Yes Ley Federal del Trabajo No Yes Equal Treatment Act No No Discrimination Act (1970), Arts. 2, 3, 133 (1994), Secs. 10, 12 (2) (2004), Arts. 50, 71. Ley Federal para Preve- nir la Discriminación (2003), Art. 43 If yes, is the employee No Protection Against No Ley Federal del Trabajo N/A No Equal Treatment Act N/A N/A required to prove loss Discrimination Act (1970), Art. 784 (1994), Sec. 10 (1) or injury? (2004), Art. 9 If there is a law, does Yes Protection Against No No provisions could be N/A Yes Equal Treatment Act N/A No No provisions could it prohibit retaliation Discrimination Act located (1994), Sec. 8(a) be located by the employer for (2004), Arts. 5, addi- bringing a complaint tional provisions, Sec. 1 or participating in any (3) manner in an em- ployment discrimina- tion proceeding? Does the law: Shift the burden of Yes Protection Against Yes Ley Federal del Trabajo No Yes Equal Treatment Act Yes Employment and Labour No proof for antidiscrimi- Discriminatation Act (1970), Art. 784 (1994), Sec. 10 (1) Relations Act (2004), Art. nation claims from the (2004), Art. 9 7(8)(a) employee to the em- ployer? Allow class action Yes Protection Against Yes Ley Federal del Trabajo No Yes Equal Treatment Act No No lawsuits for employ- Discrimination Act (1970), Art. 697 (1994), Sec. 10 (2) ment discrimination (2004), Art. 71 Paras. claims based on sexual 2, 3 Civil Procedure orientation or gender Code (2007), Art. 379 identity grounds? Para. 1 EDUCATION Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Participation in Education Does the law prohibit discrimination in school admission on sexual orientation grounds in: Primary education? Yes Protection Against Yes Constitución Política de N/A Yes Equal Treatment Act N/A No Discrimination Act los Estados Unidos Mex- (1994), Sec. 7 (1)(c) (2004), Arts. 4 Para. 1, icanos (1917), Art. 3 29 Para 2. Ley General de Edu- cación (1993), Art. 2 Ley Federal para Preve- nir y Eliminar la Dis- criminación (2003), Art. 9 Anti-Discrimination Law and Shared Prosperity 71 Secondary education? Yes Protection Against Yes Constitución Política de N/A Yes Equal Treatment Act N/A No Discrimination Act los Estados Unidos Mex- (1994), Sec. 7 (1)(c) (2004), Arts. 4 Para. 1, icanos (1917), Art. 3 29 Para. 2 Ley General de Edu- cación (1993), Art. 2 Ley Federal para Preve- nir y Eliminar la Dis- criminación (2003), Art. 9 Tertiary education? Yes Protection Against Yes Constitución Política de N/A Yes Equal Treatment Act N/A No Discrimination Act los Estados Unidos Mex- (1994), Sec. 7 (1)(c) (2004), Art. 4, Para. 1 icanos (1917), Art. 3 Higher Education Act, Ley General de Edu- Art. 4 cación (1993), Art. 2 Ley Federal para Preve- nir y Eliminar la Dis- criminación (2003), Art. 9 Does the law: Mandate the creation No Yes Anti Bullying policy im- No Yes Antibullying policy imple- No No of an action plan to plemented mented combat bullying against LGBT stu- dents, or those per- ceived as such? Fighting Marginalization in Education Does the law mandate the adoption of measures aimed at sensitizing the students to the principles of nondiscrimination and equality in: Primary education? Yes Protection Against Yes Constitución Política de No Yes Primary Education Act No Yes Decree No. Discrimination Act los Estados Unidos Mex- (1981), Art. 46 38/2005/QH11 on (2004), Art. 35 Paras. icanos (1917), Art. 3 Education Law (2005), 1, 3 Para. 4 Arts. 5 Para. 1, 7 Para National Education Act Ley General de Edu- 2. (1991), Art. 15 Para. 2 cación (1993), Arts. 7, 8, 33 Secondary education? Yes Protection Against Yes Constitución Política de No Yes Secondary Education Act No Yes Law No. Discrimination Act los Estados Unidos Mex- (1963), Art. 42 38/2005/QH11 Educa- (2004), Art. 35 Paras. icanos (1917), Art. 3 tion Law(2005), Arts. 1, 3 Para. 4 Ley 5 Para. 1, 7 Para 2. National Education Act General de Educación (1991), Art. 15 Para. 2 (1993), Arts. 7, 8, 33 Does the law: Anti-Discrimination Law and Shared Prosperity 72 Mandate the revision Yes Final Provisions of the Yes Ley General de Edu- No No No No of national textbooks Ordinance on Informa- cación (1993), Arts. 8, in primary and sec- tive Notebooks, Text- 12 Para. III, 42 ondary education to books, and Handbooks, eliminate discrimina- Art. 12, Para. 3 in rela- tory language (e.g., tion to § 4 homophobic or tran- sphobic language)? Mandate the training No Yes Ley General de Edu- No No No No of school teachers in cación (1993), Arts. 8, primary and second- 12 Para. III, 42 ary education on anti- discrimination of LGBTI students, or those perceived as such? Include courses on No No No No No No sex education in an LGBTI-inclusive man- ner? PROPERTY Bulgaria Mexico Morocco Netherlands Tanzania Vietnam Access to Land Do laws and/or regulations relating to any of these transactions differ between LGBTI individuals and the rest of the population? Obtain a title of land No No No No No No (e.g., for the purposes of transfer or sale)? Lease land? No No No No No No License land? No No No No No No Obtain a mortgage? No No No No No No Inherit land? No No No No No No PUBLIC SERVICES Bulgaria Mexico Morocco Netherlands Tanzania Vietnam AND SOCIAL PROTECTION Public Services Provided by the Government Does the law prohibit discrimination based on sexual orientation in accessing: Anti-Discrimination Law and Shared Prosperity 73 Health care? Yes Protection Against Yes Ley General de Salud N/A Yes Equal Treatment Act No Yes Decree No. Discrimination Act (1984), Art. 77 bis 36 (1994), Secs. 7 (1)(b)–(c) 40/2009/QH12 Law on (2004), Art. 37 Paras. VII, XX Medical Examination Health Act (2004), Art. Ley del Seguro Social and Treatment (2009), 85 (1995), Arts. 214–217, Art. 9 Para. 1 238 Ley Federal para Preve- nir y Eliminar la Dis- criminación (2003), Art. 9 Para. XX Social housing? Yes Social Assistance Act Yes Ley General de Vivienda N/A Yes Equal Treatment Act No No (1998), Art. 3 (2006), Art. 3 (1994), Secs. 7 (1)(b)–(c) Protection Against Ley Federal para Preve- Discrimination Act nir y Eliminar la Dis- (2004), Art. 37 criminación (2003), Art. 9 Para. XXI Electricity? Yes Protection Against Yes Ley Federal para Preve- No Yes Equal Treatment Act No Yes Decree No. Discrimination Act nir y Eliminar la Dis- (1994), Secs. 7 (1)(b)–(c) 28/2004/QH11 Elec- (2004), Art. 37 criminación (2003), Art. tricity Law (2004), Art. Energy Act (2003), Art. 9 Para. XXII 4.2 31 Ley de la Industria Elec- trica (2014), Art. 50 Water supply? Yes Protection Against Yes Ley Federal para Preve- N/A Yes Equal Treatment Act No Yes Decree No. Discrimination Act nir y Eliminar la Dis- (1994), Secs. 7 (1)(b)–(c) 15/2012/L/CTN Law (2004), Art. 37 criminación (2003), Art. on Water Resources 9 Para. XXII (2012), Art. 3 Para. 5 Microcredits? Yes Protection Against Yes Ley para la Transparen- N/A Yes Equal Treatment Act No No Discrimination Act cia y el Ordenamiento (1994), Secs. 7 (1)(b)–(c) (2004), Art. 37 de los Servicios Financi- eros (2007), Arts. 4 bis 3 Para. III, 17 Subsidized health in- Yes Protection Against Yes Ley Federal para Preve- N/A Yes Equal Treatment Act No Yes Decree No. surance? Discrimination Act nir y Eliminar la Dis- (1994), Secs. 7 (1)(b)–(c) 23/2008/L-CTN Law (2004), Art. 37 criminación (2003), Art. on Health Insurance 9 Para. XX (2009), Art. 11 Para. 4 Social pensions? Yes Protection Against Yes Ley Federal para Preve- No Yes Equal Treatment Act No No Discrimination Act nir y Eliminar la Dis- (1994), Secs. 7 (1)(b)–(c) (2004), Art. 37 criminación (2003), Art. 9 Para. VII Anti-Discrimination Law and Shared Prosperity 74 Child benefits? Yes Constitution of the No No Yes Equal Treatment Act No No Republic of Bulgaria (1994), Secs. 7 (1)(b)–(c) (1991), Art. 6 Para. 2 Protection Against Discrimination Act (2004), Art. 4 Paras. 1, 37 Social Assistance Act (1998), Art. 3 Public Services Provided by Civil Society Does the law allow civil society organizations (CSOs) to provide social services specifically to LGBTI individuals, including: Vaccination? Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Not explicit but should Legal Entities Act a las Actividades realiza- covered by Constitution be covered by Decree (2000), Art. 38 das por Organizaciones of the Kingdom of The No. 12/2012/ND-CP Health Act (2004) Art. de la Sociedad Civil Netherlands (2008), Art. on registration and 222 (2004), Art. 5 Paras. I, 8 management of opera- V, XI tion of nongovernmen- tal organizations in Vietnam (2012), Art. 4 Water? Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Not explicit but should Legal Entities Act a las Actividades realiza- covered by Constitution be covered by Decree (2000), Art. 38 das por Organizaciones of the Kingdom of The No. 12/2012/ND-CP de la Sociedad Civil Netherlands (2008), Art. on registration and (2004), Art. 5 Paras. I, 8 management of opera- V, XI tion of nongovernmen- tal organizations in Vietnam (2012), Art. 4 Sanitation? Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Not explicit but should Legal Entities Act a las Actividades realiza- covered by Constitution be covered by Decree (2000), Art. 38 das por Organizaciones of the Kingdom of The No. 12/2012/ND-CP de la Sociedad Civil Netherlands (2008), Art. on registration and (2004), Art. 5 Paras. I, 8 management of opera- V, XI tion of nongovernmen- tal organizations in Vietnam (2012), Art. 4 Family planning? Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Not explicit but should Legal Entities Act a las Actividades realiza- covered by Constitution be covered by Decree (2000), Art. 38 das por Organizaciones of the Kingdom of The No. 12/2012/ND-CP de la Sociedad Civil Netherlands (2008), Art. on registration and (2004), Art. 5 Paras. I, 8 management of opera- V, XI tion of nongovernmen- tal organizations in Vietnam (2012), Art. 4 Anti-Discrimination Law and Shared Prosperity 75 Health services (psy- Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Not explicit but should chological)? Legal Entities Act a las Actividades realiza- covered by Constitution be covered by Decree (2000), Art. 38 das por Organizaciones of the Kingdom of The No. 12/2012/ND-CP de la Sociedad Civil Netherlands (2008), Art. on registration and (2004), Art. 5 Paras. I, 8 management of opera- V, XI tion of nongovernmen- tal organizations in Vietnam (2012), Art. 4 Health services (phys- Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Not explicit but should iological)? Legal Entities Act a las Actividades realiza- covered by Constitution be covered by Decree (2000), Art. 38 das por Organizaciones of the Kingdom of The No. 12/2012/ND-CP de la Sociedad Civil Netherlands (2008), Art. on registration and (2004), Art. 5 Paras. I, 8 management of opera- V, XI tion of nongovernmen- tal organizations in Vietnam (2012), Art. 4 Sexual and reproduc- Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Not explicit but should tive health services? Legal Entities Act a las Actividades realiza- covered by Constitution be covered by Decree (2000), Art. 38 das por Organizaciones of the Kingdom of The No. 12/2012/ND-CP de la Sociedad Civil Netherlands (2008), Art. on registration and (2004), Art. 5 Paras. I, 8 management of opera- V, XI tion of nongovernmen- tal organizations in Vietnam (2012), Art. 4 HIV preventative ser- Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Not explicit but should vices (con- Legal Entities Act a las Actividades realiza- covered by Constitution be covered by Decree doms/lubricants/pre- (2000), Art. 38 das por Organizaciones of the Kingdom of The No. 12/2012/ND-CP exposure prophylaxis, de la Sociedad Civil Netherlands (2008), Art. on registration and etc.) and information (2004), Art. 5 Paras. I, 8 management of opera- on HIV and vulnerable V, XI tion of nongovernmen- sexual practices? tal organizations in Vietnam (2012), Art. 4 Antiretroviral? Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Not explicit but should Legal Entities Act a las Actividades realiza- covered by Constitution be covered by Decree (2000), Art. 38 das por Organizaciones of the Kingdom of The No. 12/2012/ND-CP de la Sociedad Civil Netherlands (2008), Art. on registration and (2004), Art. 5 Paras. I, 8 management of opera- V, XI tion of nongovernmen- tal organizations in Vietnam (2012), Art. 4 Medications for gen- Yes Bulgarian Non-Profit Yes Ley Federal de Fomento N/A Yes Not explicit but should be N/A Yes Decree 88/2008/ND- der-reassignment sur- Legal Entities Act a las Actividades realiza- covered by Constitution CP on Sex Reassign- gery? (2000), Art. 38 das por Organizaciones of the Kingdom of The ment, Arts. 4 Para. 1, de la Sociedad Civil Netherlands (2008), Art. 7–14 (2004), Art. 5 Paras. I, 8 V, XI Does the law: Anti-Discrimination Law and Shared Prosperity 76 Impose funding limita- No No N/A No N/A No tions on CSOs on the provision of such ser- vices? HATE CRIMES AND Bulgaria Mexico Morocco Netherlands Tanzania Vietnam HATE SPEECH Hate Crimes Legislation Does the law: Criminalize hate Yes Criminal Code (1968), No Codigo Penal Federal Yes Code Pénal (1962), Art. Yes Criminal Code (1881), No Yes Criminal Code (1999), speech? Arts. 162 Para. 1 (1931), Art. 149 Ter 308-5 referring only to Art. 137c Art. 87 Para. 1(b) refers to the crime of incitement of hate dur- "discrimination" ing sport events Criminalize hate Yes Criminal Code (1968), No No No No No crimes? Artt. 162–165; Art. 172 If there is a law, does Yes Criminal Code (1968), N/A N/A N/A N/A N/A it define hate crime as Artt. 162–165; Art. a substantive offense? 172 If there is a law, does Yes Criminal Code (1968), N/A N/A N/A N/A N/A it define hate crime as Art . 116 Para. 11 an aggravating circum- stance? If there is a law, does No N/A N/A N/A N/A N/A it define sexual orien- tation as a protected characteristic? If there is a law, does No N/A N/A N/A N/A N/A it define gender iden- tity as a protected characteristic? If there is a law, does Yes Criminal Code (1968), N/A N/A N/A N/A N/A it protect property? Art. 163 If there is a law, does No N/A N/A N/A N/A N/A it extend to victims by association? Awareness Raising and Training on Hate Crimes Does the law: Anti-Discrimination Law and Shared Prosperity 77 Require government Yes Judiciary System Act N/A N/A N/A N/A N/A agencies to collect (2007), Art. 80 Para. 1, data on hate crimes Art. 86 Para. 1, Art. committed against 382 Para. 3 LGBTI individuals or those perceived as such? Does the law mandate trainings of the following professionals on recognizing and identifying hate crimes? Paramedics? No N/A N/A N/A N/A N/A Police officers? No N/A N/A N/A N/A N/A Prosecutors? No N/A N/A N/A N/A N/A Judges? No N/A N/A N/A N/A N/A Social workers? No N/A N/A N/A N/A N/A Other? No N/A N/A N/A N/A N/A Services to Victims of Hate Crimes Does the law mandate the provision of any of the following services to victims of hate crimes? Legal assistance (in- Yes Legal Aid Act (2005), N/A N/A N/A N/A N/A cluding asylum applica- Arts 21, 22 tions)? Asylum and Refugees Act (2002), Art. 20 Shelter/Housing? No N/A N/A N/A N/A N/A Forensic or medical Yes Law on Support and N/A N/A N/A N/A N/A examinations? Financial Compensa- tion to Crime Victims (2006), Art. 8 Anti-Discrimination Law and Shared Prosperity 78 References Aghion, Philippe, Eve Caroli, and Cecilia García-Peñalosa. (1999) “Inequality and Economic Growth: The Perspective of the New Growth Theories.” Journal of Economic Literature 37 (4, December): 1615–60. https://dash.harvard.edu/bitstream/handle/1/12502063/Inequality%20and%20Economic%20Growth%20- %20The%20Perspective%20of%20the%20New%20Growth%20Theories.pdf?sequence=1. 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