A/CONF.189/PC.1/7
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34.
One may wonder whether the word “minority” is not sufficient on its own, as a minority
is distinguished from the majority (or from other minorities) precisely by characteristics used in
the very definition of the concept (see, for example, Capotorti’s definition, quoted in
paragraph 14 above) - and of ethnic group, for that matter - and consequently do not constitute
distinct categories.
35.
In fact, the distinction made in article 27 is fully justified. A minority could be solely a
linguistic minority, or solely a racial one (in the physical sense of the word), while sharing a
language and religion with the majority. Often, however, the characteristics of minorities,
particularly ethnic (in the sociological sense) and religious minorities, overlap and combine.
Religion helps to define the ethnicity, which is expressed through religion and language.
36.
The result - although the International Covenant on Civil and Political Rights does not
take it to its logical conclusion - is that discrimination is all the more aggravated because it is so
difficult to determine which of the two co-existing characteristics is targeted by the person guilty
of discrimination.
(ii)
Implementation of the concepts
37.
The interpretation of article 2, paragraph 1 (non-discrimination clause), and article 26
(equality before the law and equal protection of the law) has allowed the United Nations
Human Rights Committee to extend the scope of the Covenant considerably and to build up a
body of bold decisions on the right to non-discrimination. The non-recognition of a right by the
Covenant has had no negative effects on the applicability of article 26 or on the Committee’s
competence in this area.36 It is this kind of bold interpretation that can be envisaged in relation
to aggravated discrimination. It is for the Committee to exploit all the possibilities of the
Covenant in this respect. This is all the more conceivable as several provisions of the Covenant
are violated in the case at hand:
(a)
The general non-discrimination clause (art. 2, para. 1);
(b)
The principle of freedom of religion or belief as specified in article 18;
(c)
article 27.
The rights enjoyed by persons belonging to ethnic and religious minorities under
38.
In fact, contrary to the assumption of article 26, it is not a question of a right to
non-discrimination in relation to a new right not provided for in the Covenant, but of rights
asserted in several provisions of the Covenant resulting from identification with multiple
(religious and ethnic) groups. The notion of aggravated discrimination appears to us to be a
necessary logical progression.37
2. Specific instruments
39.
Since the United Nations came into being, a considerable number of instruments have
been adopted in order to eliminate discrimination in a wide range of areas or to protect certain
groups. Some are of particular interest and deal directly with the subject of our study. Others,