A/HRC/4/WG.3/6 page 14 efficient: provide legal definitions of the concept of discrimination, including direct and indirect discrimination;24 set out clear and detailed provisions as to what conduct, actions, measures, policies, or criteria would be considered discriminatory; provide for a substantive, asymmetric approach to non-discrimination, as opposed to a merely formal understanding of non-discrimination as “same treatment”; prohibit discrimination in all spheres of public life whether by State or non-State actors; prohibit incitement to discrimination, harassment, and segregation; incorporate specialized bodies which would be empowered to assist victims and to promote a culture of equal rights; provide for effective judicial remedy, including as necessary through criminal, civil or administrative processes, to victims of discrimination and ensure that sanctions in place are efficient, dissuasive and proportional; allow the procedural possibility for proving discrimination through appropriate rules and criteria of evidence and burdens of proof, deriving from the understanding that the victims of discrimination are usually at a disadvantage and would not be able to defend their rights in the courts unless special care is taken as to their procedural rights; and establish clear obligations related to the duty to promote equality in a proactive way through appropriate policies. 39. The experts believe that there exists a gap in the sense that thin and abstract norms in international human rights instruments can perpetuate a normative vacuum at the national level, leaving certain manifestations of racism unaddressed and certain victims unprotected, especially when the lack of explicit obligatory standards is combined with weak political will of the State to ensure and fulfil Convention rights. However, the experts also believe that these problems could be addressed by rendering the positive obligations of States more explicit through means other than standard-setting. 3. Recommendations 40. The experts recommend that a convention on human rights education be adopted, to define positive obligations of States regarding the incorporation of human rights education in their educational systems, including in private, religious, and military schools. 41. The experts recommend that the treaty bodies consider adopting general comments which would clarify the positive obligations of States parties regarding the adoption of comprehensive anti-discrimination legislation and provide relevant guidance for States. 24 Direct discrimination on the basis of race and related characteristics is defined as less favourable treatment based wholly or in part on the person’s race, ethnicity, colour, descent, ethnic or national origin, without objective and reasonable justification. Indirect discrimination is defined as a neutral measure, criterion or practice which would put persons of a particular race or related characteristic at a particular disadvantage, when there is no objective and reasonable justification.