Minority rights

Last updated

Rights
HumanRightsLogo.svg
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights

Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or gender and sexual minorities, and also the collective rights accorded to any minority group.

Contents

Civil-rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group. Such civil-rights advocates include the global women's-rights and global LGBT-rights movements, and various racial-minority rights movements around the world (such as the Civil Rights Movement in the United States).

Issues of minority rights intersect with debates over historical redress [1] or over positive discrimination. [2]

History

Prior to the Paris Peace Conference (1919–1920), the term "minority" primarily referred to political parties in national legislatures, not ethnic, national, linguistic or religious groups. [3] The Paris Conference has been attributed with coining the concept of minority rights and bringing prominence to it. [3]

The issue of minority rights was first raised in 1814, at the Congress of Vienna, which discussed the fate of German Jews and especially of the Poles who were once again partitioned up. The Congress expressed hope that Prussia, Russia, and Austria would grant tolerance and protection to their minorities, which ultimately they disregarded, engaging in organized discrimination.

The 1856 Congress of Paris paid special attention to the status of Jews and Christians in the Ottoman Empire. In Britain, William Gladstone made the massacres of Bulgarians by the Ottoman Empire a major campaign issue and demanded international attention. The Congress of Berlin in 1878 dealt with the status of Jews in Romania, especially, and also Serbia, and Bulgaria. On the whole, the 19th-century congresses failed to impose significant reforms.

The first minority rights were proclaimed and enacted by the revolutionary Parliament of Hungary in July 1849. [4] Minority rights were codified in Austrian law in 1867. [5] Russia was especially active in protecting Orthodox Christians and Slavic peoples under the control of the Ottoman Empire. [6] However the Russian government tolerated vicious pogroms against Jews in its villages. Russia was widely attacked for this policy. [7] By contrast there was little or no international outrage regarding the treatment of other minorities, such as black people in the southern United States before the 1950s when African colonies became independent. [8]

Before the World War I, only three European countries declared ethnic minority rights, and enacted minority-protecting laws: the first was Hungary (1849 and 1868), the second was Austria (1867), and the third was Belgium (1898). In the pre-WW1 era, the legal systems of other European countries did not allow the use of European minority languages in primary schools, in cultural institutions, in offices of public administration and at the legal courts. [9]

Minority rights at the Paris Peace Conference of 1919

At the Versailles Peace Conference the Supreme Council established 'The Committee on New States and for The Protection of Minorities'. All the new successor states were compelled to sign minority rights treaties as a precondition of diplomatic recognition. It was agreed that although the new states had been recognized, they had not been 'created' before the signatures of the final peace treaties. The issue of German and Polish rights was a point of dispute as Polish rights in Germany remained unprotected, unlike the German minority in Poland. Like other principles adopted by the League, the Minorities Treaties were a part of the Wilsonian idealist approach to international relations; like the League itself, the Minority Treaties were increasingly ignored by the respective governments, with the entire system mostly collapsing in the late 1930s. Despite the political failure, they remained the basis of international law. After World War II, the legal principles were incorporated in the UN Charter and a host of international human rights treaties. [10]

International law

Minority rights, as applying to ethnic, religious or linguistic minorities and indigenous peoples, are an integral part of international human rights law. Like children's rights, women's rights and refugee rights, minority rights are a legal framework designed to ensure that a specific group which is in a vulnerable, disadvantaged or marginalized position in society, is able to achieve equality and is protected from persecution. The first postwar international treaty to protect minorities, designed to protect them from the greatest threat to their existence, was the Convention on the Prevention and Punishment of the Crime of Genocide.

Subsequent human rights standards that codify minority rights include the International Covenant on Civil and Political Rights (Article 27), the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, two Council of Europe treaties (the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages), and the Organization for Security and Co-operation in Europe (OSCE) Copenhagen Document of 1990.

Minority rights cover protection of existence, protection from discrimination and persecution, protection and promotion of identity, and participation in political life. For the rights of LGBT people, the Yogyakarta Principles have been approved by the United Nations Human Rights Council. For the rights of persons with disabilities, the Convention on the Rights of Persons with Disabilities has been adopted by United Nations General Assembly.

To protect minority rights, many countries have specific laws and/or commissions or ombudsman institutions (for example the Hungarian Parliamentary Commissioner for National and Ethnic Minorities Rights). [11]

While initially, the United Nations treated indigenous peoples as a sub-category of minorities, there is an expanding body of international law specifically devoted to them, in particular Convention 169 of the International Labour Organization and the UN Declaration on the Rights of Indigenous Peoples (adopted 14 September 2007).

In 2008, a declaration on LGBT rights was presented in the UN General Assembly, and in 2011, an LGBT rights resolution was passed in the United Nations Human Rights Council (See LGBT rights at the United Nations ).

There are many political bodies which also feature minority group rights, which might be seen in affirmative action quotas or in guaranteed minority representation in a consociational state.

National minorities in the law of the EC/EU

The direct role of the European Union (and also the law of the EU/EC) in the area of protection of national minorities is still very limited (likewise the general protection of human rights). The EU has relied on general international law and a European regional system of international law (based on the Council of Europe, Organization for Security and Co-operation in Europe, etc.) and in a case of necessity accepted their norms. But the "de-economisation of European integration", which started in the 1990s, is changing this situation. The political relevance of national minorities' protection is very high.

Now (2009), although protection of the national minorities has not become a generally accepted legally binding principle of the EU, in several legal acts issues of national minorities are mentioned. In external relations protection of national minorities became one of the main criteria for cooperation with the EU or accession. [12]

See also

Rights
HumanRightsLogo.svg
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights

Related Research Articles

<span class="mw-page-title-main">Human rights</span> Fundamental rights belonging to all humans

Human rights are moral principles or norms for certain standards of human behaviour and are regularly protected in municipal and international law. They are commonly understood as inalienable, fundamental rights "to which a person is inherently entitled simply because she or he is a human being" and which are "inherent in all human beings", regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal, and they are egalitarian in the sense of being the same for everyone. They are regarded as requiring empathy and the rule of law and imposing an obligation on persons to respect the human rights of others, and it is generally considered that they should not be taken away except as a result of due process based on specific circumstances.

International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.

<span class="mw-page-title-main">Copenhagen criteria</span> Rules that define whether a country is eligible to join the European Union

The Copenhagen criteria are the rules that define whether a country is eligible to join the European Union. The criteria require that a state has the institutions to preserve democratic governance and human rights, has a functioning market economy, and accepts the obligations and intent of the European Union.

The term 'minority group' has different usages, depending on the context. According to its common usage, the term minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number of individuals, or less than half, is a 'minority’. Usually a minority group is disempowered relative to the majority, and that characteristic lends itself to different applications of the term minority.

The Universal Declaration of Linguistic Rights is a document signed by the International PEN Club, and several non-governmental organizations in 1996 to support linguistic rights, especially those of endangered languages. The document was adopted at the conclusion of the World Conference on Linguistic Rights held 6–9 June 1996 in Barcelona, Spain. It was also presented to the UNESCO Director General in 1996 but the Declaration has not gained formal approval from UNESCO.

<span class="mw-page-title-main">Framework Convention for the Protection of National Minorities</span> Treaty of the Council of Europe

The Framework Convention for the Protection of National Minorities (FCNM) is a multilateral treaty of the Council of Europe aimed at protecting the rights of minorities. It came into effect in 1998 and by 2009 it had been ratified by 39 member states.

<span class="mw-page-title-main">Anti-discrimination law</span> Legislation designed to prevent discrimination against particular groups of people

Anti-discrimination law or non-discrimination law refers to legislation designed to prevent discrimination against particular groups of people; these groups are often referred to as protected groups or protected classes. Anti-discrimination laws vary by jurisdiction with regard to the types of discrimination that are prohibited, and also the groups that are protected by that legislation. Commonly, these types of legislation are designed to prevent discrimination in employment, housing, education, and other areas of social life, such as public accommodations. Anti-discrimination law may include protections for groups based on sex, age, race, ethnicity, nationality, disability, mental illness or ability, sexual orientation, gender, gender identity/expression, sex characteristics, religion, creed, or individual political opinions.

Economic, social and cultural rights (ESCR) are socio-economic human rights, such as the right to education, right to housing, right to an adequate standard of living, right to health, victims' rights and the right to science and culture. Economic, social and cultural rights are recognised and protected in international and regional human rights instruments. Member states have a legal obligation to respect, protect and fulfil economic, social and cultural rights and are expected to take "progressive action" towards their fulfilment.

The Vienna Declaration and Programme of Action (VDPA) is a human rights declaration adopted by consensus at the World Conference on Human Rights on 25 June 1993 in Vienna, Austria. The position of United Nations High Commissioner for Human Rights was recommended by this Declaration and subsequently created by General Assembly Resolution 48/141.

<span class="mw-page-title-main">Human rights in Switzerland</span> Overview of the observance of human rights in Switzerland

Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.

Linguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere. Other parameters for analyzing linguistic rights include the degree of territoriality, amount of positivity, orientation in terms of assimilation or maintenance, and overtness.

<span class="mw-page-title-main">Minority Treaties</span> Legal agreements of United Nations and League of Nations members

The Minority Treaties are treaties, League of Nations mandates, and unilateral declarations made by countries applying for membership in the League of Nations that conferred basic rights on all the inhabitants of the country without distinction of birth, nationality, language, race or religion. The country concerned had to acknowledge the clauses of the treaty as fundamental laws of state and as obligations of international concern placed under the guarantee of the League of Nations. Most of the treaties entered into force after the Paris Peace Conference.

<span class="mw-page-title-main">LGBT rights at the United Nations</span>

Discussions of LGBT rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.

Human rights in Estonia are acknowledgedas being generally respected by the government. Nevertheless, there are concerns in some areas, such as detention conditions, excessive police use of force, and child abuse. Estonia has been classified as a flawed democracy, with moderate privacy and human development in Europe. Individuals are guaranteed on paper the basic rights under the constitution, legislative acts, and treaties relating to human rights ratified by the Estonian government. Estonia was ranked 4th in the world by press freedoms.

<span class="mw-page-title-main">Yogyakarta Principles</span> Document about human rights in the areas of sexual orientation and gender identity

The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. The principles were supplemented and expanded in 2017 to include new grounds of gender expression and sex characteristics and a number of new principles. However, the Principles have never been accepted by the United Nations (UN) and the attempt to make gender identity and sexual orientation new categories of non-discrimination has been repeatedly rejected by the General Assembly, the UN Human Rights Council and other UN bodies.

European Foundation of Human Rights or EFHR is an organization established in 2010 in Lithuania in response to the increasing number of human rights violations within the country of Lithuania, and more specifically regarding the rights of ethnic minorities.

<span class="mw-page-title-main">Human rights in Denmark</span>

Human rights in the Kingdom of Denmark are protected by the state's Constitution of the Realm (Danmarks Riges Grundlov); applying equally in Denmark proper, Greenland and the Faroe Islands, and through the ratification of international human rights treaties. Denmark has held a significant role in the adoption of both the European Convention on Human Rights and in the establishment of the European Court of Human Rights (ECHR). In 1987, the Kingdom Parliament (Folketinget) established a national human rights institution, the Danish Centre of Human Rights, now the Danish Institute for Human Rights.

<span class="mw-page-title-main">Human rights in the Dominican Republic</span>

Human rights in the Dominican Republic constitute the civil and political rights and freedoms legally protected under the Constitution of the Dominican Republic and enforced by the government through common and statutory law. The majority of human rights disputes are presided over by the highest court of constitutional appeal, the Dominican Constitutional Tribunal. These rights and freedoms have developed over time in accordance with the Dominican Republic's expansion from the former Spanish colony of the Captaincy General of Santo Domingo to its modern state formation. The history of human rights in the state have also been marked by the oscillation between democratic administrations, such as the current presidency of Danilo Medina, and authoritarian administrations, most significantly the dictatorial regime of Rafael Trujillo between 16 August 1930 and 16 August 1938. As a member of the Organization of American States and the United Nations, the Dominican Republic is party to myriad legal treaties and covenants which propagate the human rights standards of the international community and have integrated the majority of these human rights directives into their domestic legislation.

<span class="mw-page-title-main">Human rights in Portugal</span> Human right laws in Portugal

Portugal is generally considered as successful in upholding the civil liberties and protecting the human rights of its citizens. Portugal has proved to be determined in promoting and respecting human rights at an international and national level. The country's minister of Justice as of September 2018, Francisca Van Dunem, said that Portugal has had "a good track record" on human rights but violations still do persist.

Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.

References

  1. ↑ For example: Yoneyama, Lisa (15 September 2016). Cold War Ruins: Transpacific Critique of American Justice and Japanese War Crimes. Durham, North Carolina: Duke University Press (published 2016). ISBN   9780822374114 . Retrieved 26 September 2020. The link between memories, historical redress and efforts to extend and secure minority rights is best expressed in the 1988 proposal for the Law Pertaining to Postwar Reparations and the Guarantee of Human Rights for Resident Aliens from Former Colonies [...].
  2. ↑ Barten, Ulrike (23 September 2014). "Minority Rights". Minorities, Minority Rights and Internal Self-Determination. Cham, Zug: Springer (published 2014). p. 153. ISBN   9783319088761 . Retrieved 26 September 2020. While discrimination is generally frowned upon[,] special treatment, also called affirmative action or positive discrimination, for certain groups is not unknown.
  3. 1 2 Robson, Laura (2021). "Capitulations Redux: The Imperial Genealogy of the Post–World War I "Minority" Regimes". The American Historical Review. 126 (3): 978–1000. doi:10.1093/ahr/rhab358. ISSN   0002-8762.
  4. ↑ Laszlo Peter, Martyn C. Rady, Peter A. Sherwood: Lajos Kossuth sas word...: papers delivered on the occasion of the bicentenary of Kossuth's birth (page 101)
  5. ↑ Staatsgrundgesetz vom 21. Dezember 1867 (R.G.Bl. 142/1867), über die allgemeinen Rechte der Staatsbürger für die im Reichsrate vertretenen Königreiche und Länder Archived 7 August 2011 at the Wayback Machine – see Article 19 (in German)
  6. ↑ Denis Vovchenko, Containing Balkan Nationalism: Imperial Russia and Ottoman Christians, 1856-1914 (Oxford University Press, 2016).
  7. ↑ Irena Grosfeld, Seyhun Orcan Sakalli, and Ekaterina Zhuravskaya, "Middleman minorities and ethnic violence: anti-Jewish pogroms in the Russian empire." Review of Economic Studies 87.1 (2020): 289-342 online.
  8. ↑ Azza Salama Layton, International politics and civil rights policies in the United States, 1941-1960 (Cambridge University Press, 2000).
  9. ↑ Józsa Hévizi (2004): Autonomies in Hungary and Europe, A COMPARATIVE STUDY, The Regional and Ecclesiastic Autonomy of the Minorities and Nationality Groups
  10. ↑ P. de Azcarate, League of Nations and National Minorities (1945) online
  11. ↑ Homepage of the Parliamentary Commissioner Archived 23 February 2007 at the Wayback Machine
  12. ↑ Daniel Šmihula (2008). National Minorities in the Law of the EC/EU in Romanian Journal of European Affairs, Vol. 8 no. 3, Sep. 2008, pp.51-81. "Archived copy" (PDF). Archived from the original (PDF) on 23 August 2011. Retrieved 23 August 2011.{{cite web}}: CS1 maint: archived copy as title (link)

Bibliography

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.