4, ADDRESSING STATELESSNESS THROUGH THE RIGHTS TO EQUALITY AND NON-DISCRIMINATION only be justified in very exceptional circumstances.’’ As with all forms of discrimination, people are protected from direct discrimination on an increasingly wide variety of grounds (i.e. by reference to an increasingly long list of protected characteristics) including gender, race and disability. The equality framework also demands not only that States do not discriminate - including through the introduction of or failure to overturn discriminatory laws - but also that States act to ensure that people do not suffer discrimination by private actors.°° Direct discrimination is at the heart of a number of the causes of statelessness there outlined in section 2. For example, can be no justification for distinctions based on gender under the equality framework. A less commonly known and challenged example of direct discrimination is the less favourable treatment of people with disabilities in some nationality laws. For example, the naturalisation criteria of Indonesia require a person to be “sound in health and mind”*! This constitutes direct discrimination on grounds of mental disability, something which cannot fall within the “very exceptional” circumstances in which different treatment is permitted by the equality framework. Further, as also identified in 2.1, nationality laws may be applied by individual State agents in ways which directly discriminate against certain groups. Again in Madagascar there is evidence that an individual’s race or religion will impact whether or nottheir application for the acquisition of nationality is accepted. Less favourable treatment of minorities such as the Karana community are central to the ongoing fact ofthat population’s statelessness. The equality framework requires that the State not only prohibit such discriminatory application of nationality laws and punish individuals who breach the right to nondiscrimination, but also that it implement protective measures to ensure that individuals are not discriminated against on grounds such “9 °° ‘1 In some jurisdictions certain forms of direct discrimination can never be justified e.g. under the UK’s Equality Act 2010 only direct discrimination because of age can be justified. However, the best practice approach is that direct discrimination may be permitted but only very exceptionally, see, Equal Rights Trust, Declaration of Principles on Equality, supra n4, Principle 5. For example, see, Equal Rights Trust, Declaration of Principles on Equality, supra n4, Principle 10. Law of the Republic of Indonesia, Number 12 2006, on Citizenship of The Republic of Indonesia, Art. 9({c). 114