INTRODUCTION
Charter for Regional or Minority Languages and in the Council of Europe’s
Framework Convention for the Protection of National Minorities (FCNM).
The scope and application of ESC rights, as they apply to minorities and
indigenous peoples, have been elaborated and refined through the General
Comments of treaty bodies, the rulings of regional courts and the opinions of
regional commissions. They have also been developed through the decisions of
national courts in countries that have entrenched many of these rights into
domestic law.
Two instrumental elements have been identified as essential for the exercise of
ESC rights by minorities and indigenous peoples. These are the need for selfidentification and for official state recognition. Self-identification is generally
accepted as the primary criterion in the determination of who constitutes a minority or indigenous person.10 However, while the existence of a minority does not
depend upon a decision by the state,11 there is little doubt that the recognition of
minority communities, particularly when provided for in domestic law, is
conducive to the fulfilment of their rights. Moreover, domestic laws that recognize
only certain groups, thereby facilitating their enjoyment of certain rights, while
excluding other groups, may well be discriminatory.12
The chapters in this guide offer valuable insight into the specific content of
ESC rights when the beneficiaries are minorities or indigenous peoples. They
consider recent developments, highlight existing limitations in the content and
enforcement of the standards to date, and describe various mechanisms including
those of the UN, ILO, World Bank and regional human rights bodies.
What can we learn from the interrelatedness and interdependence of
human rights?
Drawing on the interrelatedness and interdependence between ESC rights and
civil and political rights can expand the scope for advocacy. For example, bodies
that monitor state compliance with the treaties addressing civil and political rights
have considered cases with distinct socio-economic components.13 Throughout
this guide, there are many examples of ESC rights activists using standards and
monitoring procedures aimed more directly at the protection of civil and political
rights. We see in the chapter, ‘Housing rights’, how the right to property,
traditionally a civil liberty, has been used to protect indigenous land rights in the
Americas; and how the violation of the right to life has been successfully invoked
in the case of forced evictions in India. In the chapter, ‘Cultural rights’, we are
shown that traditional economic activities may form an essential element of the
culture of an ethnic community under the ICCPR. This ‘integration approach’ is
also highlighted in the chapter, ‘Health rights’, in relation to the European Court
of Human Rights.14
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