Compendium of Standards, Good Practices and Recommendations Article 1 of Protocol 12 to the ECHR: 1. The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. 2. No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1. Article 1, ILO C111 For the purpose of this Convention, the term discrimination includes: (a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation; (b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers’ and workers’ organizations, where such exist, and with other appropriate bodies. Article 2, ILO C111 Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination. These international standards require states to take active measures to eliminate discrimination, such as enacting anti-discrimination laws or preventing acts of racism or racial or ethnic harassment by others (for example, by fellow service personnel). The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) reiterates these measures and specifies what they require. The Convention applies to “any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life” (Article 1.1). Under Directive 2000/43 of the European Union,374 member states are obliged to legislate to provide remedies for racial and ethnic discrimination in private and public employment, including remedies for indirect discrimination375 and harassment. Among other areas, this Directive applies to: “(a) conditions for access to employment, to self-employment and to occupation, including selection criteria and recruitment conditions, whatever the branch of activity and at all levels of the professional hierarchy, including promotion”.376 Employers are liable for any employment practices that may constitute discrimination, as well as for any actions by employees that contribute to a workplace climate of harassment. States have a 374 Council of the European Union, “Directive 2000/43/EC Implementing the Principle of Equal Treatment between Persons Irrespective of Racial or Ethnic Origin”, Official Journal of the European Communities, L 180, 29 July 2000, pp. 22-26. 375 Ibid., Art. 2(2)(b): “indirect discrimination shall be taken to occur where an apparently neutral provision, criterion or practice would put persons of a racial or ethnic origin at a particular disadvantage compared with other persons, unless that provision, criterion or practice is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary”. 376 Ibid., Art. 3. 165