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PROMOTING AND PROTECTING MINORITY RIGHTS
the Committee has highlighted are non-citizens (general recommendations Nos. 11 (1993) and
30 (2004)), training of law enforcement officials (general recommendation No. 13 (1993)),
self-determination (general recommendation No. 21 (1996)), indigenous peoples (general
recommendation No. 23 (1997)), discrimination against Roma (general recommendation No.
27 (2000)), follow-up to the Durban Review Conference (general recommendations Nos. 28
(2002) and 33 (2009)) and descent-based discrimination (general recommendation No. 29
(2002)).
Convention on the Rights of the Child
With 193 States parties, this is the most widely ratified human rights treaty. It entered into
force in 1990. It focuses on the promotion and protection of children’s rights (with children
defined as persons below 18 years of age). While children enjoy all of the human rights set
out in the other treaties, the restatement of these rights in a single comprehensive document
with emphasis on the particular circumstances of children provided an opportunity to develop
additional provisions relevant to children. The Convention recognizes the child as a subject of
rights capable of exercising its own rights in accordance with its evolving capacity, age and
maturity. The problems of the involvement of children in armed conflict, and of sale of children,
child prostitution and child pornography, are covered in more detail in the two optional protocols
to the Convention, adopted in 2000. The following are among the articles in the Convention of
particular relevance to minorities.
Article 2 provides that the rights in the Convention must be guaranteed without discrimination on
the basis of, among other qualities, race, colour, language, religion, or national or ethnic origin.
Non-discrimination is one of the four general principles enshrined in the Convention.
Article 3 sets forth another general principle, which is that the best interests of the child should
be a primary consideration in all actions concerning children.
Article 7 requires that children be registered immediately after birth and have the right to a name
and nationality.
Article 8 secures the right of the child “to preserve his or her identity”.
Article 17 encourages the mass media to cooperate in producing and disseminating material
from diverse cultural sources and “to have particular regard to the linguistic needs of the child
who belongs to a minority group”.
Article 20 provides that due regard should be paid to a child’s ethnic, religious, cultural and
linguistic background, when it is necessary to place a child deprived of his or her family
environment in a home other than that of his or her family.
Article 29 reflects the fundamental purpose of education, and states, among other things, that
a child’s education shall be directed to developing respect for human rights and fundamental
freedoms; his or her own cultural identity, language and values; the national values of the
country in which he or she lives and from which he or she may have originated; and the values
of other civilizations (see general comment No. 1 (2001)).
Article 30 is specifically dedicated to children belonging to ethnic, religious or linguistic
minorities and essentially guarantees the right, contained also in the provisions of article 27
of the International Covenant on Civil and Political Rights, to enjoy one’s culture, practise one’s
religion and use one’s own language. When reporting to the Committee on the Rights of the
Child, States parties are requested to provide information on measures to protect children
belonging to minorities.