Minority rights

Rights of members of minority groups

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. 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 or over positive discrimination.

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. The Paris Conference has been attributed with coining the concept of minority rights and bringing prominence to it. Minority rights were codified in Austrian law in 1867. Russia was especially active in protecting Orthodox Christians and Slavic peoples under the control of the Ottoman Empire. However the Russian government tolerated vicious pogroms against Jews in its villages. Russia was widely attacked for this policy. 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. 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.

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). 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.

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.

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