and protection of their religious and cultural heritage, which are essential
to their group identity.
B.
Promotion and protection of the identity of minorities
Central to the rights of minorities are the promotion and protection of their
identity. Promoting and protecting their identity prevent forced assimilation
and the loss of cultures, religions and languages—the basis of the richness
of the world and therefore part of its heritage. Non-assimilation requires
diversity and plural identities to be not only tolerated but protected and
respected. Minority rights are about ensuring respect for distinctive
identities while ensuring that any differential treatment towards groups or
persons belonging to such groups does not mask discriminatory practices
and policies. Therefore, positive action is required to respect cultural,
religious and linguistic diversity, and acknowledge that minorities enrich
society through this diversity.
C.
Equality and non-discrimination
The right not to be discriminated against is paramount in protecting
the rights of persons belonging to minorities in all regions of the world.
Minorities everywhere experience direct and indirect, de jure and de facto
discrimination in their daily lives.
Non-discrimination and equality before the law are two of the basic
principles of international human rights law. The principle of nondiscrimination prohibits any distinction, exclusion, restriction or preference
which has the purpose or effect of impairing or nullifying the recognition,
enjoyment or exercise by all persons, on an equal footing, of all rights and
freedoms.4 There is no requirement to demonstrate discriminatory intent.
The phrase “purpose or effect” refers to legislation and/or policies which
may be textually neutral but are interpreted in a manner that results in
discrimination. International human rights law prohibits both direct and
indirect discrimination.
Indirect discrimination is more subtle and, therefore, harder to recognize
and eliminate. It occurs when a practice, rule or requirement is neutral on
its face but has a disproportionate impact on particular groups, unless the
practice, rule or requirement is necessary and appropriate to achieve a
legitimate objective. Focusing on the unequal impact of a measure on an
individual as a member of a group helps to better identify the root causes
of discrimination and inequality.
4
8
See International Convention on the Elimination of All Forms of Racial Discrimination, art. 1 (1).