A/HRC/58/54
In that context, such minority identity may be weaker than an antagonistic identity shared by
persons belonging to oppressed minorities. In the best-case scenario, we will observe
symbiotic identity-building between the dominant and the minority groups.
65.
It is in such cases that the secondary commitment undertaken by States through
article 1 of the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities, that is, to “encourage conditions for the promotion of
that identity”, comes into play, as it is unfortunately evident that States that do not recognize
and protect the existence of minorities will not encourage the promotion of their identity.
Thus, States engaged in inclusive national identity-building will make sure, as minority
existence is an added value to society,61 that the process will not lead to the dissolution or
disappearance of the minority identity, by encouraging, in addition to symbiotic
identity-building, conditions for the promotion of the minority identity.
IV. Conclusion and recommendations
66.
It is important that States undertaking to respect a specific right to identity of
persons belonging to minorities as a fundamental right consubstantial to their
enjoyment of human rights 62 accept that defining the elements of the minorities’
identities will be the outcome of a process of self-identification by persons belonging to
minorities. As a consequence, the assigned identity (through identification documents)
of persons belonging to minorities should reflect who they really are. In this connection,
their rights should include:
(a)
The right to have a traditional name linked to the minority identity
(including, when appropriate, a patronym) registered as their legal name;
(b)
The right not to be assigned a religion which does not correspond to their
own belief, and the right to have their religion properly acknowledged and recognized;
(c)
The right to choose, when relevant,63 which nationality or ethnicity they
are officially assigned to.
67.
As the right to identity of persons belonging to a minority is linked to the
existence of the minority identity, it is not only an individual right exercised individually,
but also a right exercised as a member of a minority group whose existence and identity
should be secured across generations. Accordingly, the transmission of traditional
names from generation to generation, the practice of religion, the preservation and
development of the minority language, and the expression and diffusion of minority
culture are all elements that contribute to the strengthening of the identity-building of
persons belonging to minorities and to the existence and identity of the minorities
themselves. As such, any legislation or administrative practices that limit the expression
of the minority identity through individual identities of persons belonging to minority
groups are contrary to the commitment of States under the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights and the
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities.
61
62
63
GE.25-00509
culture, as both options must be fully available to them. This implies that practices by which an
individual affiliates with a particular minority should not be seen as exclusive, as he or she may
simultaneously identify with other minorities or with the majority.” (Council of Europe, document
ACFC/56DOC(2016)001, para. 13).
A/HRC/55/51, paras. 37 and 38. See also the fifth preambular paragraph of the Declaration on the
Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, quoted above
in footnote 10.
The Inter-American Juridical Committee, in its opinion on the scope of the right to identity, goes as
far as to affirm that: “The right to identity can be classified as a human right of such a fundamental
and basic character and content that it can be enforced erga omnes and does not admit derogation or
suspension.” (para 18.1).
Many countries do not have such information in identity documents.
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