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PROMOTING AND PROTECTING MINORITY RIGHTS
Article 3 requires States to ensure the equal enjoyment of all rights for men and women (see
general comment No. 16 (2005)).
Articles 6 and 7 concern the right to work, including the opportunity to gain one’s living by work
freely chosen, as well as the right to enjoy just and favourable conditions of work (see general
comment No. 18 (2005)).
Article 11 sets forth the right to an adequate standard of living, including adequate food, clothing
and housing, and the continuous improvement of living conditions (see general comments Nos. 4
(1991) on adequate housing, 7 (1997) on forced evictions, 12 (1999) on food and 15 (2002)
on water).
Article 12 requires States to ensure the highest attainable standard of physical and mental health,
including an obligation to reduce infant mortality and to promote the healthy development of the
child (see general comment No. 14 (2000)).
Articles 13 and 14 set forth the right of everyone to education, including a provision that
primary education must be compulsory and free for all. Of particular interest to minorities is the
liberty of “individuals and bodies” to establish and direct educational institutions, as long as
these institutions conform to whatever minimum standards may be established by the State (see
general comments Nos. 11 (1999) on primary education and 13 (1999) on education).
Article 15 states that everyone has the right to take part in cultural life and to have his or her
intellectual property protected (see general comments Nos. 17 (2005) on intellectual property
and 21 (2009) on cultural life); general comment No. 21 observes, inter alia, that “educational
programmes of States parties should respect the cultural specificities of national or ethnic,
linguistic and religious minorities” and that States should “respect free access by minorities to
their own culture, heritage and other forms of expression, as well as the free exercise of their
cultural identity and practices”. Paragraphs 32 and 33 of the general comment are specifically
devoted to minorities, and there are numerous other references to minorities throughout the text.
Like many of the other treaty bodies, the Committee on Economic, Social and Cultural Rights
holds discussions on particular themes and issues, in which NGOs have participated regularly.
Many are of direct interest to minority representatives, and they often lay the foundation for
future general comments.
International Convention on the Elimination of All Forms of Racial Discrimination
The International Convention on the Elimination of All Forms of Racial Discrimination entered
into force in 1969. It is sometimes assumed, mistakenly, that it can be invoked only to combat
formal legal frameworks which discriminate on the basis of colour. In fact, application of the
Convention is much more expansive: “racial discrimination” is defined as “any distinction,
exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin
which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise,
on an equal footing, of human rights and fundamental freedoms in the political, economic,
social, cultural or any other field of public life” (emphasis added). In fact, the Committee on the
Elimination of Racial Discrimination has consistently considered discrimination against minorities
in its examination of the periodic reports submitted to it by States. Therefore, the Convention
should be a primary focus of minority representatives who wish to provide complementary or
alternative information to a State’s description of the situation of minorities in the country.
The Committee on the Elimination of Racial Discrimination has developed mechanisms, called
early warning measures, which are designed to prevent existing problems from escalating into
conflicts, and urgent action procedures, which are intended to address problems requiring
immediate attention. Letters sent under these procedures are posted on the Committee’s website.