Two of these treaties contain minority-specific
provisions:
Article 27 of ICCPR is the most widely accepted
legally binding provision on minorities and provides basis for the UN Declaration on Minorities.
Article 27 reads:
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such
minorities shall not be denied the right in community with the other members of their group, to enjoy
their own culture, to profess and practise their own
religion, or to use their own language.
The article grants persons belonging to minorities the right to a national, ethnic, religious or
linguistic identity, or a combination thereof, and
to preserve the characteristics they wish to maintain and develop. Although the article refers to
the rights of minorities in those States in which
they exist, its applicability is not subject to official
recognition of a minority by a State. States that
have ratified the ICCPR are obliged to ensure that
all individuals under their jurisdiction enjoy their
rights; this may require specific action to correct
inequalities to which minorities are subjected.
Article 30 of CRC provides a similar standard for
minority children:
In those States in which ethnic, religious or linguistic
minorities or persons of indigenous origin exist, a
child belonging to such a minority or who is indigenous shall not be denied the right, in community
with other members of his or her group, to enjoy his
or her own culture, to profess and practise his or her
own religion, or to use his or her own language.
Given the wide ratification of the ICCPR and
the CRC, almost every State in the world has a
legally-binding obligation to protect minority
rights based on its voluntary commitments
under international law.
11.3 UN TREATY BODY MECHANISMS:
In order to implement the rights provided for in
the different UN human rights treaties, human
rights treaty bodies (committees) monitor the
progress made by States parties in the fulfilment
of their obligations to bring national laws and
state practice in line with international human
rights law. States parties submit periodic reports
to the respective committees outlining the legislative, judicial, policy and other measures which
they have taken to ensure the enjoyment of, inter
alia, the minority-specific rights contained in the
relevant instruments. On the basis of the information they receive, the committees may pursue
a dialogue with the reporting State. Once consideration of a State report has been concluded,
the committees issue “concluding observations”.
The concluding observations outline the positive
steps the State party has taken in implementing
the convention and make recommendations
on those areas where the State is failing to fully
meet its commitments.
The committees also hold thematic discussions
and adopt general comments/recommendations, which provide guidance on specific
issues relating to the conventions. In relation
to minority rights, several General Comments/
Recommendations stand out:
HRC General Comment No. 23 on the Rights of
Minorities (Article 27)
CESCR General Comment No. 20 on NonDiscrimination in Economic, Social and
Cultural Rights (Article. 2, paragraph 2)
CERD General Recommendation No. 27 on
Discrimination against Roma
CERD General Recommendation No. 29 on
Article 1, paragraph 1 of the Convention
(Descent) (focusing, inter alia, on discrimination on the basis of caste and analogous
systems)
CERD General Recommendation No. 30 on
Discrimination against Non-Citizens
Chapter 11: UN Standards and Mechanisms
151