A/HRC/FMI/2011/2
national or racial characteristics of a group and on the basis of sex. The full realization of
freedom from discrimination in the enjoyment of human rights is essential if minority
women are to participate fully and meaningfully in society.
11.
The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious
and Linguistic Minorities, which is inspired by article 27 of the International Covenant on
Civil and Political Rights, is the primary international standard relating to the rights of
minorities. All of the rights contained in the Declaration apply equally to minority women.
The Declaration indeed states that “persons belonging to minorities have the right to
participate effectively in cultural, religious, social, economic and public life”.
12.
Article 3 of the International Covenant on Civil and Political Rights states that the
States parties to the Covenant undertake to ensure the equal right of men and women to the
enjoyment of all civil and political rights set forth in the Covenant. Furthermore, article 27
establishes that, “in those States in which ethnic, religious or linguistic minorities exist,
persons belonging to such minorities shall not be denied the right, in community with the
other members of their group, to enjoy their own culture, to profess and practise their own
religion, or to use their own language.” In its general comment No. 28, on equality of rights
between men and women, the Human Rights Committee stated that “the rights which
persons belonging to minorities enjoy under article 27 of the [International Covenant on
Civil and Political Rights] in respect of their language, culture and religion do not authorize
any State, group or person to violate the right to the equal enjoyment by women of any
Covenant rights, including the right to equal protection of the law.”2 At the same time, the
existence of such entrenched gender roles or local customs does not relieve the State of its
responsibility to respect, protect and fulfil the rights of minority women.
13.
The Convention on the Elimination of All Forms of Discrimination against Women
is the primary international legal instrument relating to the rights of women. Although the
Convention does not explicitly mention minority women or include provisions relating to
multiple or intersecting forms of discrimination against women, all of the rights contained
therein apply to minority women. Of particular relevance are articles 5, 10, 11 and 13,
which affirm women's rights to non-discrimination in education, employment and
economic and social activities, respectively. Article 7 further creates an obligation for
States to take all appropriate measures to eliminate discrimination against women in the
political and public life of the country. Equally, the Forum will take fully into account the
relevant provisions of the International Covenant on Economic, Social and Cultural Rights,
the International Convention on the Elimination of Racial Discrimination and other human
rights treaties, as well as the work of the treaty bodies monitoring their implementation by
State parties.
14.
In its general recommendation No. 25, on the gender-related dimensions of
discrimination, the Committee on the Elimination of Racial Discrimination emphasized that
“data which have been categorized by race or ethnic origin, and which are then
disaggregated by gender within those racial or ethnic groups, will allow the States parties
and the Committee to identify, compare and take steps to remedy forms of racial
discrimination against women that may otherwise go unnoticed and unaddressed.” At
previous sessions, the Forum has consistently pointed to the need for States to recognize,
first and foremost, the existence of minority groups within their territory. This recognition
can then be best supported by disaggregated data that would help to reveal the range of
issues relevant to minority women’s rights and hence assist in the development of targeted
intervention. Disaggregated data collection is therefore indispensable to ensure that
2
4
CCPR/C/21/Rev.1/Add.10, para. 32.