Minority rights focus in the United Nations 35
of treaty‑monitoring bodies (discussed in chap. V) is also valuable, including authoritative
interpretations of standards relevant to minorities and minority rights. The Expert is also informed
by and cooperates closely with regional human and minority rights instruments and mechanisms.
Based on the international standards relating to minority rights mentioned above, the first holder
of the mandate, Gay McDougall, identified four broad areas of concern relating to minorities
around the world:
• Protecting a minority’s existence, including protection of its physical integrity and
prevention of violence and genocide;
• Protecting and promoting the cultural and social identity of persons belonging to
minorities, including the right of individuals to choose which ethnic, linguistic or religious
groups they wish to be identified with, and the right of those groups to affirm and protect
their collective identity and to reject forced assimilation;
• Ensuring the rights to non-discrimination and equality, including ending structural or
systemic discrimination and the promotion of affirmative action when required;
• Ensuring effective participation of members of minorities in public life, especially with
regard to decisions that affect them.
The Independent Expert recognizes the collective dimension of minority rights. This is important
for the promotion and protection of minority identity and visibility; for the informed participation
of minority groups in decisions that affect them, their rights and resources; and for securing
collective claims such as those to linguistically and culturally appropriate education, land and
other shared assets, to be enjoyed in community with other persons belonging to the minority
group in question.
The Minorities Declaration identifies only national or ethnic, religious and linguistic minorities
as falling within its scope. However, the Independent Expert can consider issues with regard to
people belonging to other marginalized groups, such as those with disabilities, or issues relating
to sexual orientation where they intersect with the issues and rights of persons belonging to
national or ethnic, religious and linguistic minorities. Some persons belonging to minorities may
face multiple and intersectional discrimination; for example, minority women and those who
belong to an ethnic minority and live with disability may face unique challenges.
While indigenous peoples may also constitute numerical minorities, issues concerning indigenous
peoples may be more appropriately taken up by the Special Rapporteur on the rights of
indigenous peoples and other United Nations mechanisms specifically mandated to address
their rights, including the Expert Mechanism on the Rights of Indigenous Peoples.
The Independent Expert on minority issues recognizes that minorities are not homogenous groups
and that it is crucial to recognize the diversity that exists within every minority group. Explicit
recognition should be given to the life experiences of minority women and children, the elderly
and others who may face particular issues and challenges. Consequently, the first Independent
Expert devoted particular attention in all aspects of her work to the situation of women and
children belonging to minority groups.
Minority women
The Independent Expert is required under (his or) her mandate to apply a gender perspective in
her work. Indeed, since its creation the mandate has highlighted that denial or violation of rights
may manifest itself differently in the experiences of men and women, girls and boys. Minority
women and girls may face multiple forms of discrimination based on both their minority status
and their gender. Multiple or intersectoral discrimination may make women and girls particularly