within local communities that can contribute to tensions or even conflict. Benefits
provided to persons belonging to national minorities by another State do not
replace a State’s duty to promote the full and effective participation of national
minorities on its territory.
2. Legislation and other measures should prohibit discrimination on grounds
such as ethnicity, religion, race, language and national minority status.
Protection against discrimination constitutes a cornerstone of effective
participation in society and should cover all fields of social and economic
life, including employment, housing, health care and social services.
As stated by the UN Forum on Minority Issues, “Economic exclusion is a cause,
a manifestation and a consequence of discrimination against persons belonging
to minorities.”15 Discrimination may occur on various grounds, such as language,
ethnicity or national minority status, and in various social and economic areas
including employment, education and housing. Persons belonging to national
minorities may face intersecting forms of discrimination based, for example, on
ethnicity or language as well as gender or age, further compounding social and
economic exclusion.
International and regional human rights instruments have enshrined the prohibition
of discrimination and the right to equality for all, including with specific reference
to national minorities.16 OSCE participating States have also made political
commitments affirming the principles of non-discrimination and equality, including
in relation to persons belonging to national minorities.17
15
16
17
UN FMI Recommendations, third session, paragraph 5.
UN, Universal Declaration of Human Rights (UDHR), articles 2 and 7 (1948); OHCHR, International
Covenant on Civil and Political Rights (ICCPR), articles 2, 26 and 27 (the last specifically referring to
ethnic, religious and linguistic minorities); OHCHR, International Covenant on Economic, Social and
Cultural Rights (ICESCR), articles 2, 3 and 7 (1966); OHCHR, International Convention on the Elimination
of All Forms of Racial Discrimination (ICERD), article 1 (1965); OHCHR, Convention on the Rights of the
Child, article 2 (Geneva 1989); OHCHR, International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families, article 7 (Geneva 1990); OHCHR, CRPD, article 5; CoE,
European Convention on Human Rights (ECHR), article 14 (2002); International Labour Organization (ILO),
Discrimination (Employment and Occupation) Convention, article 2 (1958); FCNM, article 4(1); and UN
Declaration on Minorities, article 3(1). See also: European Union (EU), Treaty on the Functioning of the
European Union, articles 18 and 19 (EU Treaty).
Helsinki 1975, Principle VII; Vienna 1989, paragraphs 13.7 and 13.8; and Copenhagen 1990, paragraphs
5.9, 25.3, 25.4 and 31. See also: OHCHR, Declaration and Programme of Action, World Conference
Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, paragraph 46 (Durban 2002)
(Durban Declaration).
Recommendations on the Effective Participation of National Minorities in Social and Economic Life
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