Reports from different organizations emphasize the fact that religious minorities need special
attention. There is no doubt that members of religious minorities are denied their most fundamental
rights in various parts of the world.
The United Nations took a major step when they adopted the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minorities in 1992. Inspired by the article 27
of the International Covenant on Civil and Political Rights, the Declaration acknowledges the rights of
persons belonging to minorities while it entrusts States with duties.
Under the Declaration, on the one hand, States shall protect the existence and identity of religious
minorities, ensure that members of religious minorities may exercise their rights, protect them against
discrimination, create favorable conditions for the expression and development of the group
characteristics, and create measures so that they may participate in the progress of the country. In
summary, States shall observe and enforce the cornerstone principles of equality, non-discrimination,
non-exclusion and non-assimilation of religious minorities. On the other hand, persons have the right
to enjoy their own culture, to profess and practice their own religion and to use their own language,
participate effectively in every area of social life, participate in political decisions, associate and
establish or keep contact with others, including members of other minority groups and of the
mainstream society. In short, those belonging to minorities must be able to exercise all their human
rights individually or with others.
It is important to highlight that the Declaration acknowledges the rights of persons belonging to
religious minorities but not group rights to political self-determination or land. In this way, while
individuals may claim their rights even against their own group, religious minority or majority groups
may not claim any intrinsic rights over their adherents nor exercise jurisdiction over them.
In addition, members of religious minorities should receive special protection against accusations of
defamation, blasphemy or apostasy. Religions by themselves are not entitled to international legal
protection of their reputation nor against the risk of losing members. The religion itself does not have
rights. Human beings have universal human rights.
Even though it is not a binding document, the Declaration is a fundamental instrument to legitimize
the claims of religious minorities, as well as to influence nations and regional organizations regarding
the promotion of minorities’ human rights.
In June 2013, the Inter-American Convention Against All Forms of Discrimination and Intolerance was
adopted within the Organization of American States. Undoubtedly, it is a relevant tool in protecting
victims of religious intolerance. In its preamble, the States Parties recognized that among the victims
of discrimination in the Americas are religious groups or minorities, and that there is a general
increase of intolerance motivated by anti-Semitism, Christianophobia or Islamophobia, and directed
against members of other religious communities, such as those with African roots.