2. Overview of international standards When the GA adopted the Universal Declaration of Human Rights (UDHR) in 1948, it was decided that the UN could not remain indifferent to the fate of minorities.4 The goal has partly been achieved because the international human rights instruments today contain many provisions from which minorities stand to benefit. The main legally-binding UN human rights instruments are:5 • the International Covenant on Civil and Political Rights (ICCPR); • the International Covenant on Economic, Social and Cultural Rights (ICESCR); • the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD); • the International Convention on the Elimination of All Forms of Discrimination Against Women (ICEDAW); • the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT); • the Convention on the Rights of the Child (CRC); and • the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (MWC) equal protection under the law and the equality of all persons before the courts and in public administration. The grounds on which discrimination is prohibited differ from one instrument to another, but repeated references to birth, colour, gender, language, national origin, race, religion, social origin and other status clearly cover traditional minority situations. Discrimination has been defined as: ‘Any distinction, exclusion, restriction or preference [related to these grounds] which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of [all rights and freedoms].’ 6 The full texts of all of these instruments are available at: http://www.unhchr.ch/html/intlinst.htm. Human rights are universal; therefore, members of minorities are entitled to all the rights set out in the different instruments. In addition to these rights, there are minority-specific provisions in the CRC, ICCPR, ICERD, ICESCR and UNDM. The equal enjoyment of all human rights and the prohibition of discrimination in that enjoyment are fundamental principles in all of the instruments. Equal enjoyment and non-discrimination clauses apply to all aspects of human rights, that is civil, cultural, economic, political and social rights. Particularly important components are History and current events show that equal enjoyment of all rights and non-discrimination in that enjoyment are insufficient guarantees for the protection of minorities. Special rights and special measures are needed to overcome widespread discrimination and to put the minority groups, as well as their members, on an equal footing with the majority population. In other words, equality under the law must also translate into equality in fact. Special treatment for disadvantaged groups is not seen as discrimination, as long as the special treatment is designed for a specific purpose and does not continue after that purpose has been achieved. Special measures are a way of trying to achieve for minorities, the situation that majorities take for granted. If special treatment is denied, the achievement of equal enjoyment of all rights by members of minorities is seriously undermined. In the instruments, special rights and measures to benefit minorities are mainly established for the fields of culture, education, language and religion. The general rules on equal enjoyment and non-discrimination, often backed by special measures, must also be extended to all political, economic and social rights. Most of the UN human rights instruments stipulate rights for individuals. This is also the case for many standards on minority rights, but the texts often say that persons belonging to minorities can exercise their rights in community with other members of their group. Article 27 of the ICCPR is an example of this wording, and an important provision for the specific protection of minorities. It provides that persons belonging to minorities ‘shall not be denied’ the right ‘to enjoy their own culture, 8 MINORITY RIGHTS: A GUIDE TO UNITED NATIONS PROCEDURES AND INSTITUTIONS Relevant non-binding UN instruments include: • the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (UNDM); and • the Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief.