Minority rights
Encyclopedia
The term Minority Rights embodies two separate concepts: first, normal individual right
s as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second, collective rights accorded to minority groups. The term may also apply simply to individual rights of anyone who is not part of a majority decision.
Civil rights movement
s often seek to ensure that individual rights are not denied on the basis of membership in a minority group.
There are many political bodies which also feature minority group rights. This might be seen in affirmative action
quotas, or in guaranteed minority representation in a consociational state.
of Hungary
in 1849. Minority rights were codified in Austrian law in 1867. Minority rights, as applying to ethnic, religious or linguistic minorities and indigenous peoples, are an integral part of international human rights law
. Like children's rights
, women's rights
and refugee
rights, minority rights are a legal framework designed to ensure that a specific group which is in a vulnerable, disadvantaged or marginalised position in society, is able to achieve equality and is protected from persecution. The first post-war international treaty to protect minorities, designed to protect them from the greatest threat to their existence, was the U.N. Convention on the Prevention and Punishment of the Crime of Genocide
.
Subsequent human rights standards that codify minority rights include the International Covenant on Civil and Political Rights
(Article 27), the United Nations
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, two Council of Europe
treaties (the Framework Convention for the Protection of National Minorities
and the European Charter for Regional or Minority Languages
, and the OSCE Copenhagen Document of 1990.
Minority rights cover protection of existence, protection from discrimination and persecution, protection and promotion of identity, and participation in political life. For the rights of LGBT
, The Yogyakarta Principles have been approved by the United Nations Human Rights Council
and for the rights of persons with disabilities
, the Convention on the Rights of Persons with Disabilities
was adopted by United Nations General Assembly
.
To protect minority rights, many countries have specific laws and/or commissions or ombudsman
institutions (for example the Hungarian Parliamentary Commissioner for National and Ethnic Minorities Rights).
While initially, the United Nations treated indigenous peoples
as a sub-category of minorities, there is an expanding body of international law specifically devoted to them, in particular Convention 169
of the International Labour Organization
and the UN Declaration on the Rights of Indigenous Peoples (adopted 14 September 2007).
Attempts to codify the rights of sexual minorities in international human rights law have met with strong opposition from a number of member states of the United Nations.
(and also the Law of the EU/EC ) in the area of protection of national minorities is still very limited (likewise the general protection of human rights
). The EU has relied on general international law
and a European regional system of international law (based on the Council of Europe
, OSCE etc.) and in a case of necessity accepted their norms. But the “de-economisation of European integration”, which started in the 1990s, is changing this situation. The political relevance of national minorities' protection is very high.
Now (2009) although a protection of the national minorities has not become a generally accepted legally binding principle of the EU, in several legal acts issues of national minorities are mentioned. In external relations protection of national minorities became one of the main criteria for cooperation with the EU or accession.
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
s as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second, collective rights accorded to minority groups. The term may also apply simply to individual rights of anyone who is not part of a majority decision.
Civil rights movement
Civil rights movement
The civil rights movement was a worldwide political movement for equality before the law occurring between approximately 1950 and 1980. In many situations it took the form of campaigns of civil resistance aimed at achieving change by nonviolent forms of resistance. In some situations it was...
s often seek to ensure that individual rights are not denied on the basis of membership in a minority group.
There are many political bodies which also feature minority group rights. This might be seen in affirmative action
Affirmative action
Affirmative action refers to policies that take factors including "race, color, religion, gender, sexual orientation or national origin" into consideration in order to benefit an underrepresented group, usually as a means to counter the effects of a history of discrimination.-Origins:The term...
quotas, or in guaranteed minority representation in a consociational state.
Minority Rights in National and International Law
The first minority rights were were created by the revolutionary ParliamentParliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of Hungary
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
in 1849. Minority rights were codified in Austrian law in 1867. Minority rights, as applying to ethnic, religious or linguistic minorities and indigenous peoples, are an integral part of international human rights law
International human rights law
International human rights law refers to the body of international law designed to promote and protect human rights at the international, regional and domestic levels...
. Like children's rights
Children's rights
Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to the young, including their right to association with both biological parents, human identity as well as the basic needs for food, universal state-paid education,...
, women's rights
Women's rights
Women's rights are entitlements and freedoms claimed for women and girls of all ages in many societies.In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed...
and refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
rights, minority rights are a legal framework designed to ensure that a specific group which is in a vulnerable, disadvantaged or marginalised position in society, is able to achieve equality and is protected from persecution. The first post-war international treaty to protect minorities, designed to protect them from the greatest threat to their existence, was the U.N. Convention on the Prevention and Punishment of the Crime of Genocide
Convention on the Prevention and Punishment of the Crime of Genocide
The Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations General Assembly on 9 December 1948 as General Assembly Resolution 260. The Convention entered into force on 12 January 1951. It defines genocide in legal terms, and is the culmination of...
.
Subsequent human rights standards that codify minority rights include the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
(Article 27), the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, two Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
treaties (the Framework Convention for the Protection of National Minorities
Framework Convention for the Protection of National Minorities
The Framework Convention for the Protection of National Minorities was signed on February 1995 by 22 member States of the Council of Europe ....
and the European Charter for Regional or Minority Languages
European Charter for Regional or Minority Languages
The European Charter for Regional or Minority Languages is a European treaty adopted in 1992 under the auspices of the Council of Europe to protect and promote historical regional and minority languages in Europe...
, and the OSCE Copenhagen Document of 1990.
Minority rights cover protection of existence, protection from discrimination and persecution, protection and promotion of identity, and participation in political life. For the rights of LGBT
LGBT
LGBT is an initialism that collectively refers to "lesbian, gay, bisexual, and transgender" people. In use since the 1990s, the term "LGBT" is an adaptation of the initialism "LGB", which itself started replacing the phrase "gay community" beginning in the mid-to-late 1980s, which many within the...
, The Yogyakarta Principles have been approved by the United Nations Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...
and for the rights of persons with disabilities
Disability
A disability may be physical, cognitive, mental, sensory, emotional, developmental or some combination of these.Many people would rather be referred to as a person with a disability instead of handicapped...
, the Convention on the Rights of Persons with Disabilities
Convention on the Rights of Persons with Disabilities
The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...
was adopted by United Nations General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
.
To protect minority rights, many countries have specific laws and/or commissions or ombudsman
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...
institutions (for example the Hungarian Parliamentary Commissioner for National and Ethnic Minorities Rights).
While initially, the United Nations treated indigenous peoples
Indigenous peoples
Indigenous peoples are ethnic groups that are defined as indigenous according to one of the various definitions of the term, there is no universally accepted definition but most of which carry connotations of being the "original inhabitants" of a territory....
as a sub-category of minorities, there is an expanding body of international law specifically devoted to them, in particular Convention 169
Indigenous and Tribal Peoples Convention, 1989
Indigenous and Tribal Peoples Convention, 1989 is an International Labour Organization Convention, also known as ILO-convention 169, or C169. It is the major binding international convention concerning indigenous peoples, and a forerunner of the Declaration on the Rights of Indigenous Peoples.It...
of the International Labour Organization
International Labour Organization
The International Labour Organization is a specialized agency of the United Nations that deals with labour issues pertaining to international labour standards. Its headquarters are in Geneva, Switzerland. Its secretariat — the people who are employed by it throughout the world — is known as the...
and the UN Declaration on the Rights of Indigenous Peoples (adopted 14 September 2007).
Attempts to codify the rights of sexual minorities in international human rights law have met with strong opposition from a number of member states of the United Nations.
National Minorities in the Law of the EC/EU
The direct role of the European UnionEuropean Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(and also the Law of the EU/EC ) in the area of protection of national minorities is still very limited (likewise the general protection of human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
). The EU has relied on general international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
and a European regional system of international law (based on the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
, OSCE etc.) and in a case of necessity accepted their norms. But the “de-economisation of European integration”, which started in the 1990s, is changing this situation. The political relevance of national minorities' protection is very high.
Now (2009) although a protection of the national minorities has not become a generally accepted legally binding principle of the EU, in several legal acts issues of national minorities are mentioned. In external relations protection of national minorities became one of the main criteria for cooperation with the EU or accession.
See also
- Civil rightsCivil rightsCivil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
- Ethnic groupEthnic groupAn ethnic group is a group of people whose members identify with each other, through a common heritage, often consisting of a common language, a common culture and/or an ideology that stresses common ancestry or endogamy...
- Ethnic warEthnic warAn ethnic conflict or ethnic war is a conflict between ethnic groups often as a result of ethnic nationalism. They are of interest because of the apparent prevalence since the Cold War and because they frequently result in war crimes such as genocide...
- European Centre for Minority IssuesEuropean Centre for Minority IssuesThe European Centre for Minority Issues is a research institute based in Flensburg, Germany, that conducts research into minority-majority relations in Europe. ECMI is a non-partisan and interdisciplinary institution...
- Global Human Rights DefenceGlobal Human Rights DefenceGlobal Human Rights Defence is an international human rights Non-Governmental Organization working with and for minorities. GHRD specifically addresses those areas and populations of the world where severe and extensive human rights violations of certain ethnic, linguistic and religious...
- Human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
- LGBT rights in the United States
- Marek Edelman
- Minority religionMinority religionA minority religion is a religion held by a minority of the population of a country, state, or region. Minority religions may be subject to stigma or discrimination. An example of a stigma is using the term cult with its extremely negative connotations for certain new religious movements...
- Minority Rights Group InternationalMinority Rights Group InternationalMinority Rights Group International is an organisation founded with the objective of promoting respect for the human rights of ethnic, religious and linguistic minorities and indigenous peoples around the world...
- NationalismNationalismNationalism is a political ideology that involves a strong identification of a group of individuals with a political entity defined in national terms, i.e. a nation. In the 'modernist' image of the nation, it is nationalism that creates national identity. There are various definitions for what...
- National personal autonomyNational personal autonomyThe Austromarxist principle of national personal autonomy , developed by Otto Bauer in his 1907 book Die Nationalitätenfrage und die Sozialdemokratie was seen by him a way of gathering the geographically divided members of the same nation, "organize nations not in territorial bodies but in simple...
- Social stratificationSocial stratificationIn sociology the social stratification is a concept of class, involving the "classification of persons into groups based on shared socio-economic conditions ... a relational set of inequalities with economic, social, political and ideological dimensions."...
- Teaching for social justiceTeaching for social justiceTeaching for social justice is an educational philosophy designed to promote socioeconomic equality in the learning environment and instill these values in students. Educators may employ social justice instruction to promote unity on campus, as well as mitigate boundaries to the general curriculum...
- Tyranny of the majorityTyranny of the majorityThe phrase "tyranny of the majority" , used in discussing systems of democracy and majority rule, is a criticism of the scenario in which decisions made by a majority under that system would place that majority's interests so far above a dissenting individual's interest that the individual would be...
- International Covenant on Civil and Political RightsInternational Covenant on Civil and Political RightsThe International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
- The Yogyakarta Principles
- Convention on the Rights of Persons with DisabilitiesConvention on the Rights of Persons with DisabilitiesThe Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities...
External links
- U.N. Declaration on the Rights of Minorities
- Commentary to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, United Nations Working Group on Minorities
- U.N. Independent Expert on Minority Issues
- U.N. Forum on Minority Issues, its recommendations
- U.N. Special Adviser on the Prevention of Genocide
- Minority Rights Group International
- Minority rights implemented at grassroot level
- OSCE Copenhagen Document 1990
- OSCE Hague recommendations regarding the education rights of national minorities & explanatory note
- OSCE Oslo recommendation regarding the linguistic rights of national minorities
- Congress of the Council of Europe Recommendation 222 (2007) Language Education in Regional or Minority Languages
- Compilation of reports and opinions concerning the protection of national minorities Venice CommissionVenice CommissionThe Venice Commission is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin wall, at a time of urgent need for constitutional assistance in Central and Eastern Europe...
- Documents submitted to the Working Group on Minorities that was replaced by the Forum on Minority Issues, established by Human Rights Council resolution 6/15