6th session of the Forum on Minority Issues
II. Legal framework and key concepts
Mr Mohamed Eltayeb, presenting on “Towards a framework for guaranteeing the rights of religious
minorities: a quest for combating religious hatred”.
Madame Chair Person, distinguished delegates and representatives of civil society organisations, ladies
and gentlemen, good morning, I would really like to extend my great thanks and appreciation for Ms.
Rita Izsák-Ndiaye expert on minority issues for her kind invitation to take part in this 6th Forum. I
indeed feel honoured and privileged to join you. My short presentation, which is entitled ‘Towards a
Framework for Granting Rights for Religious Minorities: A Quest for Combating Religious Hatred’
consist on the following themes: I will start by outlining a framework for granting rights of minorities, and
secondly, I will briefly discuss the quest for combating religious hatred, and will conclude by some
concluding remarks.
There is an outlining framework for granting the rights of religious minorities. I think that the origin of the
idea of human rights may be traced back to the long history of protecting religious minorities. And I
think also seems most of the countries in a world today are characterised by an increasing national racial
and religious diversity as well as increasing multicultural societies. I think it is almost important for having
an effective framework for granting and protecting the rights of religious minorities. Such an effective
framework requires two aspects: first, the normative and institutional resources for granting rights for
religious minorities; and secondly, the legal, political, social, and cultural framework in which the
normative content is supposed to be applied. However, before analysing these aspects three situations
should be distinguished: a first situation is where we have both strong normative and institutional basis
for granting rights of religious minorities but without excess; here is the explanation of this failure in this
case lies in the broaden context of the political, social, and cultural frameworks who are normative
contents are to be applied. A second situation is where we have both weak normative and institutional
assistance for granting rights for religious minorities, the broaden context of the political, social and
cultural context is what explains the weakness. The third situation is where there are strong normative
and institutional resources that lead to effectively granting and protecting the rights of religious minorities
again the widen system of political, social and cultural frameworks explain the results.
I will move quickly to (…) the normative and institutional resources. I think the normative and
institutional resources for granting rights for religious minorities can be found in international and regional
human rights instruments and I think that the traditional approach for protecting the rights of religious
minorities, as many speakers have already mentioned, has been based on originally on the framework of
international standards of freedom of religion. However, the most remarkable international instrument
that can be tracked in this respect is the Declaration on the Rights of Persons (…) to International or
Ethnic Religious and Linguistic Minorities which complements and goes beyond the traditional approach
in terms of its list of rights granted and protected. The declaration is inspired by article 27 of the
International Covenant on Civil and Political Rights explicitly established the responsibilities of the state