Legislative reform:
Technical support to governments to review
existing legislation for compliance with international standards on non-discrimination and
minority rights could be provided. This could be
accompanied by strategies for more effective
implementation of non-discrimination legislation, such as individual complaints mechanisms
that are accessible to all.
Constitutional reform is a good entry point
for the legislative protection of minorities.
Constitutional protection of minorities as distinct
communities, or constitutional endorsement of
pluralism and multiculturalism within a given
State, are important signs of inclusive democratic governance. Constitutional guarantees
of protection and promotion of minority rights
exist in many countries. Efforts could be made to
understand what legal protections for minority
rights have been adopted in national laws to
give effect to the constitutional provisions.
National Legislation for Minorities in Ukraine and Croatia
In Ukraine, the 1996 Constitution defines ‘the Ukrainian people’ as “citizens of Ukraine of all
nationalities”. The Constitution guarantees for minorities the right of legal equality, the prohibition
of discrimination and the right to develop their culture and preserve their ethnic identity. The
Constitution also provides for protection against hate crimes. The Constitution lays the foundation
for state support for the development of ethnic minorities and obliges local authorities in places of
compact minority residence to ensure the implementation of national and regional programmes
for minorities’ national and cultural development.
In Croatia, the Constitutional Law on National Minorities was adopted in December 2002.
The law establishes firm legal protection for national minorities, focusing on a wide range of
issues including language, cultural autonomy, religion, associations and media. Importantly,
it also outlines strong provisions for public participation by minorities, including reserved seats
in government and the establishment of Councils of National Minorities that act as advisory
bodies to national, local and regional governments. There is also a National Minority Rights
Sub-Committee of the National Human Rights Committee that considers issues pertaining
to the exercise of national minority rights as established by the constitution and laws.
Chapter 4: Minorities in Development
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