The Council of Europe Commissioner for Human Rights, Michael O'Flaherty, has written to Armenian Prime Minister Nikol Pashinyan, outlining key requirements that should be taken into account in the anti-discrimination legislation being developed in the country.

The Commissioner welcomed Armenia's progress in this area, in particular the introduction of sectoral legislation and new guarantees enshrined in the Criminal Code.

The Armenian Ministry of Justice is currently developing a draft law on preventing and combating discrimination, which should endow the Human Rights Defender with the status of an equality body, clarify the definitions of discrimination, and provide effective protection measures for victims.

At the same time, O'Flaherty pointed out a number of significant shortcomings. According to the Commissioner, the Human Rights Defender of Armenia should be endowed with clearly defined powers, including the right to represent victims in courts, to initiate cases of public interest, and to act not only in the public but also in the private sector.

In addition, the law should enable civil society organizations in Armenia to participate in anti-discrimination proceedings—even without referring to a specific victim.

A separate set of recommendations has also been presented on hate speech. Armenia’s 2022 Criminal Code already criminalizes it, but the Council of Europe does not consider this sufficient. It urges to introduce protective mechanisms also in civil and administrative law, to target both offline and online platforms, and to establish a general legal norm to combat hate speech.