to profess and practise their own religion, or to use their
own language’.
Other relevant articles in the ICCPR include:
• Article 2 on non-discrimination;
• Article 4 on non-derogation;
• Article 14 on equality before the courts and on language interpretation in criminal justice proceedings;
• Article 20 on the limitation of the freedom of speech
if it constitutes advocacy of ethnic hatred;
• Article 25 on equal suffrage and equal access to public
service; and
• Article 26 on equality before the law.
Provisions in the ICESCR of particular relevance to
minority rights are:
• Article 2 on non-discrimination;
�� Article 7 on equality in the workplace;
• Article 13 on the right to education, including
human rights education, and the contribution of education to the promotion of understanding, tolerance
and friendship among all nations and all racial, ethnic
or religious groups; and
• Article 15 on cultural life and the protection of the
moral and material interests resulting from artistic
production.
• Article 12 on eliminating discrimination against
women in accessing health care;
• Article 14 on the situation of rural women, many of
whom may be members of minorities; and
• Article 16 on equality in marriage and the right to
marry freely only with full and free consent.
The CRC contains civil, cultural, economic, political and
social rights. It sets out the principle that all rights in the
Convention be guaranteed without discrimination.
Another basic principle is that the best interests of the
child should be the primary consideration. Some of the
other relevant Articles are:
• Article 7 on the right to a nationality;
• Article 17 that encourages the media to produce material from diverse sources taking into account ‘the linguistic needs of the child who belongs to a minority
group’;
• Article 20 on regard for a child’s ethnic, religious, cultural and linguistic background when deciding on
alternative care for a child outside the family;
• Article 29 on the fundamental purpose of education
including developing a child’s respect for his/her own
culture and that of other cultures; and
• Article 30 which guarantees for children the rights in
Article 27 of the ICCPR.
The scope of racial discrimination prohibited under the
ICERD is very wide, and covers racial, national and ethnic minorities in accordance with paragraph 1 of Article
1 of the Convention. The Convention also places an
obligation on states to adopt special measures for the
benefit of individuals and groups, when that is necessary,
to overcome discriminatory patterns in the cultural, economic, social and other fields. In Article 4, the ICERD
outlaws incitement to racial hatred and related practices,
as does the ICCPR. Articles in the ICEDAW that may be
relevant to minority women include:
• Article 5 on eliminating stereotypes based on the idea
of the inferiority of women;
• Article 7 on women’s right to participate in public
life;
• Article 10 requiring educational programmes that
eliminate stereotypes of the roles of men and women;
In 1992, the UN adopted the Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities (UNDM). This is the first and only
UN human rights instrument devoted solely to minority
rights. It restates many of the existing rights and adds that
organizations within the UN system have a role to play in
the ‘full realization of the rights and principles’ set forth
in the Declaration. It also ties minority rights to the
‘development of society as a whole and within a democratic framework based on the rule of law’. As a Declaration, it is not legally binding on states; however, NGOs
can use the Declaration in their advocacy with their government by highlighting that no state voted against its
adoption in the General Assembly thereby demonstrating
that the state in question accepts (or at least does not
object to) the principles contained in the Declaration.
MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS
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