Piecemeal Reform of Anti-Discrimination Laws in the Asia-Pacific: The Challenge of Pursuing Comprehensive Legislation

Abstract Comprehensive anti-discrimination legislation, in which all attributes are protected on an equal footing and well-resourced equality agencies are empowered to effectively enforce such obligations, is not common in the Asia-Pacific region. Centring the Asia-Pacific as a critical site of inquiry, this article examines incremental changes to discrimination laws in the region. It draws on discrimination law reform in Australia and Hong Kong to demonstrate how these processes have resulted in piecemeal rather than comprehensive reform, adding to the patchwork nature of discrimination protections and contributing to uncertainty as to the scope and coverage of anti-discrimination laws. Patchwork protections also exacerbate the regulatory burden on duty holders where there are inconsistencies between obligations and differing compliance requirements. This article argues that governments in the region should enact comprehensive legislation prohibiting discrimination, enabling states to meet their international human rights obligations, minimise legislative inconsistencies and potentially provide greater legal certainty to citizens and duty holders alike. This analysis is timely as jurisdictions in the region – such as Singapore and Taiwan – are considering new legislative frameworks prohibiting discrimination.