2
Chapter
Conceptual Issues
2.1 WHO ARE MINORITIES?
No legal definition of the term ‘minority’ has been
agreed in international law. Individual States
recognize a wide range of groups domestically
as minorities based on shared ethnic, cultural,
religious and/or linguistic characteristics. Such
groups are typically non-dominant vis-à-vis
the majority(ies) in the spheres of economic,
political, social and/or cultural life.
In the absence of a formal definition, the existence
of a minority group can be assessed using objective and subjective criteria; these criteria have
been elaborated by various UN independent
experts drawing from international standards.1
Objective criteria focus on the shared
characteristics of the group such as ethnicity,
national origin, culture, language or religion.
These categories derive from the only global
standard on minorities, the UN Declaration on
the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities
(UNDM) (see Annex 1) and article 27 of the
International Covenant on Civil and Political
Rights (ICCPR) concerning the rights of
persons belonging to ethnic, religious and
linguistic minorities.
The term ‘race’ is sometimes used alongside
‘ethnicity’ in legislation on non-discrimination; this is not considered an endorsement
of the notion of distinct races but is recognition that practices of racism and racial
discrimination nevertheless persist and need
to be combated.
Subjective criteria focus on two key points:
the principle of self-identification and
the desire to preserve the group identity.
According to the principle of self-identification, individuals belonging to minority groups
have the right to self-identify as a minority or
to not self-identify as a minority (see UNDM
article 3.2). A minority community has the
Article 27 of the International Covenant on Civil and Political Rights (ICCPR):
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 practice their own religion, or to use their own language.
A similar provision is found in article 30 of the Convention on the Rights of the Child (CRC).
See, for example, the UN Human Rights Committee, General Comment No. 23: The Rights of Minorities (Article 27), CCPR/C/21/Rev.1/Add.5; the UN Working Group on
Minorities, Commentary on the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, E/CN.4/Sub.2/AC.5/2005/2
(4 April 2005); and the UN Independent Expert on Minority Issues, Annual Report of the Independent Expert on Minority Issues, E/CN.4/2006/74 (6 January 2006).
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Chapter 2: Conceptual Issues
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