11
Chapter
UN STANDARDS
AND MECHANISMS
The UN has adopted several instruments and
mechanisms on minority rights. It is important
to recall that members of minorities can have
multiple identities and may also use standards
and mechanisms created for those identities, for
example, as women, children, indigenous peoples, migrants, refugees, persons with disabilities
or non-citizens.
11.1 UN DECLARATION ON THE RIGHTS
OF PERSONS BELONGING TO
NATIONAL OR ETHNIC, RELIGIOUS
AND LINGUISTIC MINORITIES
The main international instrument on minorities
is the United Nations Declaration on the Rights
of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities, proclaimed
in 1992 (resolution 47/135) by the UN General
Assembly. The Declaration elaborates minimum
standards for minority rights based on article 27
of the ICCPR. Like other UN declarations, it is not
legally binding. However, it is a strong political
commitment by States that was adopted by consensus in the UN General Assembly.
The Declaration grants persons belonging to
minorities:
Protection, by States, of their existence
and their national or ethnic, cultural,
religious and linguistic identity (article 1);
The right to enjoy their own culture, to
profess and practise their own religion and
to use their own language in private and in
public (article 2.1);
The right to participate in cultural,
religious, social, economic and public life
(article 2.2);
The right to participate in decisions that
affect them on the national and regional
levels (article 2.3);
The right to establish and maintain their
own associations (article 2.4);
The right to establish and maintain
peaceful contacts with other members of
their group and with persons belonging to
other minorities, both within their own
country and across state borders
(article 2.5); and
The freedom to exercise their rights,
individually as well as in community with
other members of their group, without
discrimination (article 3).
Chapter 11: UN Standards and Mechanisms
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