Minority rights

Minority rights are the normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities; and also the collective rights accorded to minority groups. Minority rights may also apply simply to individual rights of anyone who is not part of a majority decision.

Civil rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group, such as global women's rights and global LGBT rights movements, or the various racial minority rights movements around the world (such as the African-American Civil Rights Movement (1955–1968)).

History

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 Congress of Paris in 1856 paid special attention to the status of Jews and Christians in the Ottoman Empire. In Britain William E Gladstone made outrage regarding 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 these 19th century congresses failed to impose significant reforms. Russia was especially active in protecting Orthodox Christians, and Slavic peoples under the control of the Ottoman Empire. Persecution or discrimination against specific minorities was increasingly the subject of media attention, and the Jews began to organize to protest the pogroms in Russia. However there was little international outrage regarding other minorities, such as the blacks in the southern United States. No one paid much attention to the attacks on Armenians until it became large-scale genocide in 1915, and even then nothing was done.

The first minority rights were proclaimed and enacted by the revolutionary Parliament of Hungary in July 1849. Minority rights were codified in Austrian law in 1867.

Minority rights at the Paris Peace Conference of 1919

For information about Minority rights at the Paris conference, see Minority Treaties.

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, in contrast to rights of German minority in Poland. As with most of the principals adopted by the League, the Minorities Treaties were a part of the Wilsonian idealist approach to international relations, and as with 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.

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 post-war international treaty to protect minorities, designed to protect them from the greatest threat to their existence, was the U.N. 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 and for the rights of persons with disabilities, the Convention on the Rights of Persons with Disabilities was 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).

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 a 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. This 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.

See also

Rights
Theoretical distinctions
Claim rights and liberty rights Individual and group rights Natural and legal rights Negative and positive rights
Human rights
Civil and political Economic, social and cultural Three generations
Rights by claimant
Animals Authors Children Consumers Creditors Elders Fathers Fetuses Gun owners Humans Natives Intersex Kings LGBT Men Minorities Mothers Plants Prisoners Students Victims Women Workers Youth Disabled persons
Other groups of rights
Civil liberties Digital Linguistic Property Reproductive

• Affirmative action
• Civil rights
• European Centre for Minority Issues
• Global Human Rights Defence
• Human rights
• LGBT rights in the United States
• Marek Edelman
• Minority Rights Group International
• Convention on the Rights of Persons with Disabilities
• International Covenant on Civil and Political Rights
• Social vulnerability
• Tyranny of the majority
• The Yogyakarta Principles

Bibliography

• Barzilai, G. 2003. Communities and Law: Politics and Cultures of Legal Identities. Ann Arbor: University of Michigan Press.
• Fink, Carole. 2006. Defending the Rights of Others: The Great Powers, the Jews, and International Minority Protection, 1878-1938 excerpt and text search
• Henrard, K. 2000. Devising an Adequate System of Minority Protection: Individual Human Rights, Minority Rights, and the Right to Self-Determination Leiden: Martinus Nijhoff Publishers
• Jackson Preece, J. 2005. Minority Rights: Between Diversity and Community Cambridge: Polity Press
• Malloy, T.H. 2005. National Minority Rights in Europe Oxford and New York: Oxford University Press.
• Pentassuglia, G. 2002. Minorities in international law: an introductory study Strasbourg: Council of Europe Publications
• Šmihula, D. 2008. "National Minorities in the Law of the EC/EU", Romanian Journal of European Affairs, Vol. 8 no. 3, pp. 2008, pp. 51–81. online
• Thornberry, P. 1991. International Law and the Rights of Minorities. Oxford: Clarendon Press
• Weller, M. (ed.) 2006. The Rights of Minorities in Europe: A Commentary on the European Framework Convention for the Protection of National Minorities. Oxford and New York: Oxford University Press.
• Weller, M., Denika Blacklock and Katherine Nobbs (eds.) 2008. The Protection of Minorities in the Wider Europe Basingstoke and New York: Palgrave Macmillan.

External links

• Gabriel N. Toggenburg, Minority Protection and the European Union, OSI, Budapest 2004
• Gabriel N. Toggenburg / Günther Rautz, Das ABC des Minderheitenschutz in Europa, Böhlau, Wien 2010
• Gabriel N. Toggenburg, The Union's role vis-a-vis its minorities after the enlargement decade: a remaining share or a new part?, European University Institute, Florence 2006

External links

• U.N. Declaration on the Rights of Minorities
  • Commentary to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, United Nations Working Group on Minorities
• U.N. Independent Expert on Minority Issues
• U.N. Forum on Minority Issues, its recommendations
• U.N. Special Adviser on the Prevention of Genocide
• Minority Rights Group International
• Minority rights implemented at grassroot level
• OSCE Copenhagen Document 1990
• Organization for Security and Co-operation in Europe Hague recommendations regarding the education rights of national minorities & explanatory note
• Organization for Security and Co-operation in Europe Oslo recommendation regarding the linguistic rights of national minorities
• Congress of the Council of Europe Recommendation 222 (2007) Language Education in Regional or Minority Languages
• Compilation of reports and opinions concerning the protection of national minorities Venice Commission
• Documents submitted to the Working Group on Minorities that was replaced by the Forum on Minority Issues, established by Human Rights Council resolution 6/15
• "Protecting and promoting minorities" In: D+C, Vol.42.2015:5