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(b)
It integrated this principle into the framework of the international protection of
fundamental human rights (see preambular paragraph 2 and article 1, paragraph 3), in such a way
as to make States responsible not only for the negative obligations of non-discriminatory
treatment but also specifically for the protection of the persons concerned. Developments in
legislation on the subject have shown that giving priority to human rights, far from
overshadowing the rights of groups, has, on the contrary, integrated them. Protection of
minorities and groups against discrimination, including aggravated discrimination, is now an
integral part of international human rights protection, which should resolve the apparent
contradiction between the need to preserve the identity of minority groups and the need to
preserve the integrity of the State [Malinverni, 1991; de Witte, 1991].22
23.
Moreover, all the instruments relating to minorities stipulate that protection of minorities
must not be incompatible with the fundamental principles of international law, including the
sovereignty, integrity and political independence of States.23
24.
As far as the question before us is concerned, the Universal Declaration of Human Rights
of 10 December 1948 goes into more detail than the Charter of the United Nations:
(a)
First of all, although the Declaration is not aimed directly at the rights of persons
belonging to ethnic and religious minorities, the use of general terms in article 2, paragraph 1
(“… or other opinion … or other status”) means that it can cover racial discrimination
aggravated by religious discrimination;
(b)
With regard to religious discrimination, article 18 of the Declaration serves as an
effective reference point and in fact was the basis for all subsequent texts. For the moment, we
can focus on three important elements:
(b)
(i)
Freedom of religion also includes the freedom to change religion;
(ii)
This freedom is not restricted to religion proper, but also covers freedom of
belief and
(iii)
It includes the freedom to manifest or not to manifest one’s religion or
belief.
The International Covenants of 1966
25.
The International Covenants on Human Rights of 16 December 1966 were, qualitatively
speaking, a major step forward. The International Covenant on Civil and Political Rights, in
particular, contains a large number of relevant provisions,24 whose scope has been clarified and
enriched by the decisions and observations of the Human Rights Committee. If these provisions
are analysed separately and together, the grounds for a right to be free of aggravated
discrimination can be deduced both from the combination of the concepts employed in the
Covenant and from their implementation.