A/HRC/39/28 20. States should recognize, protect and implement the rights to equality and nondiscrimination, and ensure inclusiveness in the exercise of the right to participate in public affairs. (a) States should protect the rights to equality and non-discrimination and prohibit all forms of discrimination in their national constitution and legal frameworks; (b) States should adopt and implement laws, policies and programmes that combat discrimination, including multiple and intersecting forms of discrimination, in public and private life, online and offline; (c) The adverse impact of discrimination, including multiple and intersecting forms of discrimination, on the effective exercise of the right to participate in public affairs should be recognized, in particular for women and girls, young people, persons with disabilities, indigenous peoples, older persons, persons belonging to minority groups, persons with albinism, lesbian, gay, bisexual, transgender and intersex persons and other groups that are discriminated against; (d) Adequate representation of the diversity within societies should be reflected, as appropriate, in State institutions and governmental bodies; (e) The necessary legislative and policy measures, including temporary special measures, and institutional arrangements should be identified and adopted to promote and ensure equal participation of individuals and groups that are marginalized or discriminated against, at all levels of decision-making processes and institutions. Such measures should be continuously re-examined and evaluated to ensure equal participation and adequate representation of such groups in practice. Particular attention should be given to gender balance in public institutions; (f) When designing and implementing measures to strengthen equal participation, it should be taken into consideration that groups that are marginalized or discriminated against may be highly heterogeneous and, within them, individuals do not all necessarily have the same needs or face the same challenges; (g) States should consult with indigenous peoples, and respect and give effect in practice to their right to free, prior and informed consent, when adopting or implementing measures that may affect them. Consent should be sought through indigenous peoples’ own representative institutions in accordance with their customary laws and practices, and through procedures determined by indigenous peoples themselves; (h) The collection of disaggregated data and production of evidence-based research on participation in political and public affairs should be supported as an important element for the identification and development of adequate and effective measures to strengthen the participation of individuals and groups that are marginalized or discriminated against. 21. States should ensure equal and effective access to justice and effective remedies for violations of the right to participate in public affairs. (a) All rights holders should have access to competent judicial, administrative or legislative authorities, or any other competent authority provided for by the legal system of the State, to have their right to remedy determined for violations of the right to participate in public affairs. All civil society actors, including civil society organizations, must be able to access justice. Gender-specific barriers preventing women and girls from accessing justice should be recognized and addressed; (b) Procedures to access justice and other redress mechanisms should be fair, equitable, timely, gender-sensitive and affordable. The establishment of appropriate and effective assistance mechanisms, including legal aid, should be considered in order to remove or reduce financial and other barriers to access to review procedures, especially for individuals and groups that are marginalized or discriminated against, in particular women and girls; 5