19. Promotion and protection of the human rights and fundamental freedoms
of all individuals without discrimination should be entrenched in the
constitution and translated into concrete norms and mechanisms. Minority
rights are an integral part of human rights. Comprehensive minority rights
legislation should be put in place.
This Guideline specifies the principles of non-discrimination and effective equality set
out in Guideline 3. Legislation and implementing measures at all levels of government
have to be informed by the principles of non-discrimination and effective equality,
as specified in international and regional human rights instruments. It is essential
that these principles are entrenched in the constitution to guide the formulation and
interpretation of legislation. In order to ensure non-discrimination in practice, it is
essential that the principle of effective remedies be translated into concrete and
accessible measures set out in law.
Where necessary, special measures need to be adopted to promote full and
effective equality between persons belonging to minorities and those belonging
to the majority; these measures are not to be considered discriminatory54. Such
measures are particularly relevant for groups that have had long-term presence in
a society or represent substantial numbers.55
While minority rights can also be protected by means of specific provisions
contained in sectoral legislation (such as laws on education, public administration,
local government, media, elections or the use of languages), a specific law on
the rights of persons belonging to minorities may provide significant advantages.
Such advantages may include facilitating access to clear information regarding the
rights and remedies provided for persons belonging to minorities, mainstreaming
minority rights while ensuring coherence with other legislation and the recognition
and raising of general awareness regarding minorities and their rights. Furthermore,
a comprehensive minority-rights law can provide a framework for clarifying such
issues as the personal and territorial scope of the application of minority rights
and for defining important criteria that are otherwise difficult to include in sectoral
legislation, such as traditional or substantial presence and thresholds.
54
55
See Explanatory Note to Guideline 3 for specification and references.
FCNM, article 10(2).
Guidelines on Integration of Diverse Societies
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