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can exercise their rights in community with other members of the group applies not only to the
rights contained in the Declaration, but any human right. They shall not be subject to any
discrimination as a consequence of exercising their rights. This principle is important, because
Governments or persons belonging to majorities are often tolerant of persons of other national or
ethnic origins until such time as the latter assert their own identity, language and traditions. It is
often only when they assert their rights as persons belonging to a group that discrimination or
persecution starts. Article 3.1 makes it clear that they shall not be subjected to discrimination for
manifesting their group identity.
3.2
No disadvantage shall result for any person belonging to a minority as a
consequence of the exercise or non-exercise of the rights set forth in the present
Declaration
54.
While article 3.1 provides that persons belonging to minorities shall not be subjected to
discrimination for exercising, individually or collectively, their minority rights, article 3.2 makes
it clear that they shall also not be disadvantaged in any way for choosing not to belong to the
minority concerned. This provision is directed both towards the State and the agencies of the
minority group. The State cannot impose a particular ethnic identity on a given person (which is
what the apartheid regime in South Africa sought to do) by the use of negative sanctions against
those who do not want to be part of that group; nor can persons belonging to minorities subject
to any disadvantage persons who on objective criteria may be held to form part of their group but
who subjectively do not want to belong to it. While, under conventional law, responsibility for
human rights compliance normally rests with the State, the Declaration in this respect implies
duties - at least morally - for persons representing minorities. Furthermore, States would be
under a duty to prohibit the taking of measures by minorities to impose their particular rules on
any person who did not want to be part of the minority concerned and therefore did not want to
exercise her or his rights.
Article 4
4.1
States shall take measures where required to ensure that persons belonging to
minorities may exercise fully and effectively their human rights and fundamental
freedoms without any discrimination and in full equality before the law
55.
Article 4 sets out the State measures that should be taken in order to achieve the purpose
of the Declaration and is its most important part, together with article 2, which sets out the rights.
While States are generally obliged under international law to ensure that all members of society
may exercise their human rights, States must give particular attention to the human rights
situation of persons belonging to minorities because of the special problems they confront. They
are often in a vulnerable position and have, in the past, often been subjected to discrimination.
In order to ensure equality in fact, it may under some circumstances be necessary for the State to
take transitional affirmative action, as provided for in article 2.2 of the International Convention
on the Elimination of All Forms of Racial Discrimination, which is applicable to ethnic as well
as racial minorities, provided these measures do not disproportionately affect the rights of others.