A/78/195
(and regional forums), which lead to the drafting of recommendations to the United
Nations, Member States and other actors on the global, regional or national scenes.
These recommendations may also bring about changes in the understanding or
interpretation of human rights standards, as was the case in 2023 with regard to t he
European Court of Human Rights.
60. For the first time ever, a recommendation of the Forum on Minority Issues,
drafted with the input of States, expert panellists and minority participants,
contributed to the development of international human rights la w. In the reasoning of
the judges of the European Court of Human Rights, they concluded that the
penalization of a candidate in parliamentary elections for speaking a minority
language (Turkish) while campaigning in Bulgaria constituted a violation of free dom
of expression. 26 The Court referred to the recommendations as stressing “the
importance of allowing candidates from minority groups to use their mother tongue
in election campaigning in order to guarantee persons belonging to such groups access
to elections on an equal footing with other citizens.” 27
61. The European Court of Human Rights likely made reference to a
recommendation issued at the second session of the Forum on Minority Issues, held
in 2009, because it is one of the few direct and unambiguous explanations of the
connection between freedom of expression and the use of a minority language in an
electoral context (A/HRC/13/25, para. 19). At the time when the recommendations
were issued, the Special Rapporteur was one of the panellists who contributed to the
drafting of the recommendations, and specifically the recommendation on the use of
minority languages in the area of political participation.
2.
Institutional developments at the United Nations
62. Despite the numerous and at times specific recommendations issued on how to
further recognize, protect and mainstream minorities and their rights at the United
Nations, and despite the acknowledgement of “inaction and negligence” by the
Secretary-General and other United Nations officials at the high-level event held to
celebrate the thirtieth anniversary of the adoption of the Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, there
have been minimal improvements made in the period 2017–2022. One of the few
noteworthy changes has been the “reactivation” of the United Nations network on
racial discrimination and protection of minorities. Initially established in 2012 but
inactive for some years, it resurfaced in 2019 (A/HRC/52/27, para. 47) and provides
a platform for addressing, through awareness-raising, advocacy and capacitybuilding, issues of racial discrimination and the protection of nati onal or ethnic,
linguistic and religious minorities and brings together more than 20 United Nations
departments, specialized agencies, programmes and funds. 28
63. Also noteworthy at the United Nations, among others, are the publication in
2022 of a guidance note on intersectionality, racial discrimination and protection of
minorities, 29 the publication in 2021 of a checklist to strengthen United Nations work
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26
27
28
29
23-15818
European Court of Human Rights, Third Section, Affaire Mestan v. Bulgaria, Application
No. 24108/15, Judgment, 2 May 2023.
European Court of Human Rights, Registrar of the Court, “Violation of freedom of expression of
candidate in parliamentary elections who was penalised for speaking Turkish while
campaigning”, press release, No. ECHR 129 (2023), 2 May 2023.
See www.ohchr.org/en/minorities/un-network-racial-discrimination-and-protection-minorities.
United Nations network on racial discrimination and protection of minorities, Guidance Note on
Intersectionality, Racial Discrimination and Protection of Minorities (2022).
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