Human Rights and Minorities

What are the Human Rights of Minorities?

Human Rights are universal, and civil, political, economic, social and cultural rights belong to all human beings, including members of minority groups. Members of minorities are entitled to the realization of all human rights and fundamental freedoms on equal terms with others in society, without discrimination of any kind. Minorities -- both the individuals belonging to minorities and the minorities as groups -- also enjoy certain human rights specifically linked to their minority status, including their right to maintain and enjoy their culture, religion, and language free from discrimination.

The Human Rights at Issue

The human rights of minorities are explicitly set out in the Universal Declaration of Human Rights, the International Covenants, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities and other widely adhered to international human rights treaties and Declarations. They include the following indivisible, interdependent and interrelated human rights:

The human right of members of minorities to freedom from any distinction, exclusion, restriction or preference based on race, colour, national or ethnic origin, language, religion, birth, or any other status, which has the purpose or effect of impairing the enjoyment of human rights and fundamental freedoms

The human right of members of minorities to freedom from discrimination in all areas and levels of education, employment, access to health care, housing, and social services.

The human right of each member of a minority to equal recognition as a person before the law, to equality before the courts, and to equal protection of the law.

The human right of all members of minorities to participate effectively in cultural, religious, social, economic and public life.

The human right of members of minorities to freedom of association.

The human right of minorities to exist.

The human right of minorities to enjoy and develop their own culture and language.

The human right of minorities to establish and maintain their own schools and other training and educational institutions, and to teach and receive training in their own languages.

The human right of members of minorities to participate in shaping decisions and policies concerning their group and community, at the local, national and international levels.

The human right of minorities to autonomy in matters internal to the group, including in the fields of culture and religion.

Human Rights & Aged Persons | Governments' Obligations | Governments' Commitments

Governments' Obligations to Ensuring the Human Rights of Minorities

What provisions of human rights law guarantee the Human Rights of Minorities?

Includes excerpts from:

• the Universal Declaration of Human Rights, 
• the International Covenant on Economic, Social and Cultural Rights, 
• the International Covenant on Civil and Political Rights, 
• the Convention on the Prevention and Punishment of the Crime of Genocide, 
• the Convention on the Elimination of All Forms of Racial Discrimination, 
• the Convention on the Rights of the Child, the Convention against Discrimination in Education, and
• the ILO Indigenous and Tribal Peoples Convention (No. 169).

"All human beings are born free and equal in dignity and rights.... Everyone is entitled to ... rights ... without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.... All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination ... and against any incitement to ... discrimination.... Everyone, without any discrimination, has the right to equal pay for equal work...."

--Universal Declaration of Human Rights, Articles 1, 2, 7, and 23

"States Parties...undertake to guarantee that ... rights ... will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.... The States Parties ... recognize the right of everyone to ... Fair wages and equal remuneration for work of equal value without distinction of any kind.... Equal opportunity for everyone to be promoted.... Education ... shall be made equally accessible to all."

--International Covenant on Economic, Social and Cultural Rights, Articles 2, 7, and 13

"Each State Party ... undertakes to ... ensure ... rights ... without distinction of any kind.... All persons shall be equal before the courts.... Every child shall have, without any discrimination as to race, colour, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor.... All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.... The law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground..... In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language."

--International Covenant on Civil and Political Rights, Articles 2, 14, 24, 26, and 27

"The Contracting Parties confirm that genocide ... is a crime under international law which they undertake to prevent and to punish.... [Genocide] means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group...: Killing members of the groups; causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; forcibly transferring children of the group to another group."

--Convention on the Prevention and Punishment of the Crime of Genocide, Articles 1 and 2

"States Parties condemn racial discrimination and undertake to pursue ... a policy of eliminating racial discrimination in all its forms.... Each State Party undertakes to engage in no act ... of racial discrimination....; Each State Party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination...; Each State Party shall prohibit and bring to an end ... racial discrimination by any persons, group or organization.... States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, national or ethnic origin, to equality before the law, notably in the enjoyment of ... political rights ... civil rights ... economic, social and cultural rights, in particular: the right to work, ... to just and favourable conditions or work, to protection against unemployment, to equal pay for equal work...; the right to housing; ... to public health, medical care, social security and social services; the right to education and training.... States Parties shall assure ... effective protection and remedies ... against any acts of racial discrimination.... "

--Convention on the Elimination of All Forms of Racial Discrimination, Articles 2, 5, and 6

"States Parties shall respect and ensure ... rights ... to each child ... without discrimination of any kind irrespective of the child=s or his or her parent=s or legal guardian=s race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child=s parents, legal guardians, or family members.... States Parties recognize the important function performed by the mass media and shall ensure that the child has access to information.... States Parties shall ... Encourage the mass media to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous.... States Parties recognize the right of the child to education, and ... shall ... make primary education compulsory and available free to all; ... make [secondary education] available and accessible to every child...; make higher education accessible to all.... States Parties agree that the education of the child shall be directed to ... the development of respect for the child=s parents, his or her own cultural identity, language and values.... In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language. "

--Convention on the Rights of the Child, Articles 2, 17, 28, 29 and 30

"... States Parties ... undertake: To ... discontinue any ... practices which involve discrimination in education.... It is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and ... the use or the teaching of their own language...."

--Convention against Discrimination in Education, Articles 3 and 5

"Governments shall have the responsibility for ... Ensuring that [indigenous] peoples benefit on an equal footing from the rights and opportunities which national laws and regulations grant to other members of the population.... Indigenous and tribal peoples shall enjoy ... human rights ... without ... discrimination.... Governments shall ... Establish means by which [indigenous] peoples can freely participate ... at all levels of decision-making in ... institutions and ... bodies responsible for policies and programmes which concern them.... The peoples ... shall have the right to decide their own priorities for ... development as it affects their lives ... and the lands they occupy ... and to exercise control ... over their ... development...."

--ILO Indigenous and Tribal Peoples Convention, (No. 169), Articles 2, 3, 6, and 7