The methodology consists in a survey-based dataset and is drawn from the experience of the World Bank’s Doing Business<sup>18</sup> and Women, Business, and the Law<sup>19</sup> reports, which have produced global objective quantitative indicators of business regulation and gender discrimination.<sup>20</sup> The dataset presents laws and policies in three main areas:

1. Laws that establish discriminatory treatment based on ethnicity, religion, gender identity, and sexual orientation

2. Laws that prohibit discrimination against ethnic, religious, and sexual minorities 3. Policies and other enforcement mechanisms to implement existing antidiscrimination laws The six indicators identified to measure the equal treatment of people belonging to ethnic, religious, and sexual minorities are:

1. Access to institutions

2. Access to education 3. Access to the labor market 4. Access to property 5. Access to public services and social protection 6. Protection from hate crimes or hate speech Data were collected from two sources, namely, surveys to experts of the pilot countries and desktop research. In particular, three surveys were developed: (a) one for ethnic minorities and indigenous peoples, (b) one for religious minorities, and (c) one for sexual minorities. Each survey was then divided into six sections, one for each indicator. The surveys were distributed to legal experts in the six pilot countries, including lawyers, ombudsman institutions, judges, academics, and civil society organizations (see appendix B).

The survey on ethnic minorities and indigenous peoples includes questions on laws, policies, and regulations related to obtaining citizenship and how they differ, if at all, from those that apply to the country’s ethnic majority. The survey also includes questions on the rights of indigenous peoples to obtain collective land titles under access to property and questions on whether legal provisions on bilingual education exist, among others.

Under the indicator for access to institutions, the survey on religious minorities includes questions that address constitutional provisions that guarantee the freedom of belief and religion. Under access to education, the survey includes questions that attempt to identify whether legal quotas exist for religious minorities in primary, secondary, and tertiary education. The section on protection from hate crimes and hate speech addresses the existence of criminal provisions on hate speech that incites religious hatred and hate crimes motivated by religious bias.

The sexual minorities’ survey includes questions that address legal discrimination and legal protection from discrimination for lesbian, gay, bisexual, transgender, and intersex (LGBTI) communities. Under each indicator, questions attempt to capture the laws related to those communities and whether those same laws apply to the majority of the population (that is, heterosexual or cisgender). For example, the survey determines whether the country has a comprehensive law that specifically mentions sexual orientation and gender identity as protective characteristics. The equal treatment of LGBTI communities in schools is addressed under access to education, which assesses whether the state has introduced laws and policies to combat bullying of LGBTI students in schools. The topic of access to public services and social protection mechanisms is especially important for LGBTI communities, and it is covered through questions about access to health care, human immunodeficiency virus (HIV) preventive services, and gender reassignment surgery, among others. The indicator for hate crimes and hate speech includes questions on the criminalization of hate crimes and hate speech

> 18 For further details on the Doing Business database and reports, see http://www.doingbusiness.org/.

> 19 For further details on the Women, Business, and the Law database and reports, see http://wbl.worldbank.org/.

> 20 The Doing Business indicators are recognized as being extremely influential and successful in attracting the attention of senior policy makers, government officials, and members of the business community in many countries. Thus, they have contributed significantly to benchmarking economies against good practices and motivating policy makers to improve their laws and regulations. Similarly, in the period following the publication of _Women, Business, and the Law 2014_ (World Bank 2013b), 65 countries reformed 94 laws that had discriminated against women.

Anti-Discrimination Law and Shared Prosperity 10