The Main Minority-Rights Documents
Dr. Joshua Castellino, Irish Centre for Human Rights,
NUI Galway, Republic of Ireland
- International Covenant on Civil and Political Rights, 1966
- International Convention on the Elimination of All Forms of Racial Discrimination, 1969
- African [Banjul] Charter on Human and Peoples' Rights, 1981
- The Cairo Declaration on Human Rights in Islam, 1990
- Arab Charter on Human Rights, 1997
- Convention For the Protection of Human Rights and Fundamental Freedoms, 1950.
Optional Protocol 12 (not yet in force)
- European Charter for Regional /Minority Languages, 1998
- Framework Convention for the Protection of National Minorities, 1998
- Charter of Fundamental Rights of the European Union, 2000
- American Convention on Human Rights, 1969
International Covenant on Civil and Political Rights, 1966
Article 1
- All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
- All peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law. In no case may a people be deprived of its own means of subsistence.
- The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.
Article 27
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 Convention on the Elimination of All Forms of Racial Discrimination, 1969
Article 1
- In this Convention, the term "racial discrimination" shall mean any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
- This Convention shall not apply to distinctions, exclusions, restrictions or preferences made by a State Party to this Convention between citizens and non-citizens.
- Nothing in this Convention may be interpreted as affecting in any way the legal provisions of States Parties concerning nationality, citizenship or naturalization, provided that such provisions do not discriminate against any particular nationality.
- Special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved.
Article 5
In compliance with the fundamental obligations laid down in article 2 of this Convention, 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, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights:
- The right to equal treatment before the tribunals and all other organs administering justice;
- The right to security of person and protection by the State against violence or bodily harm, whether inflicted by government officials or by any individual group or institution;
- Political rights, in particular the right to participate in elections-to vote and to stand for election-on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service;
- Other civil rights, in particular: [movement, leave and return, nationality, marriage, property, inheritance, thought, conscience, religion, opinion, expression, association and assembly]
- Economic, social and cultural rights, in particular: [work, trade union membership, housing, public health & social services, education & training, equal cultural participation]
- The right of access to any place or service intended for use by the general public, such as transport, hotels, restaurants, cafés, theatres and parks.
African [Banjul] Charter on Human and Peoples' Rights, 1981
Article 2
Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.
Article 19
All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.
Article 20
- All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.
- Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community.
- All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.
Article 21
- All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it.
- In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation.
- The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.
- States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity.
- States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.
Article 22
- All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind.
- States shall have the duty, individually or collectively, to ensure the exercise of the right to development.
Article 29
The individual shall also have the duty:
- To preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need;
- To serve his national community by placing his physical and intellectual abilities at its service;
- Not to compromise the security of the State whose national or resident he is;
- To preserve and strengthen social and national solidarity, particularly when the latter is threatened;
- To preserve and strengthen the national independence and the territorial integrity of his country and to contribute to its defence in accordance with the law;
- To work to the best of his abilities and competence, and to pay taxes imposed by law in the interest of the society;
- To preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society; 8. To contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African unity.
The Cairo Declaration on Human Rights in Islam, 1990
Article 11
- Human beings are born free, and no one has the right to enslave, humiliate, oppress or exploit them, and there can be no subjugation but to Allah the Almighty.
- Colonialism of all types being one of the most evil forms of enslavement is totally prohibited. Peoples suffering from colonialism have the full right to freedom and self-determination. It is the duty of all States peoples to support the struggle of colonized peoples for the liquidation of all forms of and occupation, and all States and peoples have the right to preserve their independent identity and econtrol over their wealth and natural resources.
Article 19
- All individuals are equal before the law, without distinction between the ruler and the ruled.
- The right to resort to justice is guaranteed to everyone.
- Liability is in essence personal.
- There shall be no crime or punishment except as provided for in the Shari'ah.
- A defendant is innocent until his guilt is proven in a fast trial in which he shall be given all the guarantees of defence.
Arab Charter on Human Rights, 1997
Article 1
- All peoples have the right of self-determination and control over their natural wealth and resources and, accordingly, have the right to freely determine the form of their political structure and to freely pursue their economic, social and cultural development.
- Racism, zionism, occupation and foreign domination pose a challenge to human dignity and constitute a fundamental obstacle to the realization of the basic rights of peoples. There is a need to condemn and endeavour to eliminate all such practices.
Article 2
Each State Party to the present Charter undertakes to ensure to all individuals within its territory and subject to its Jurisdiction the right to enjoy all the rights and freedoms recognized herein, without any distinction on grounds of race, colour, sex, language, religion, political opinion, national or social origin, property, birth or other status and without any discrimination between men and women.
Article 37
Minorities shall not be deprived of their right to enjoy their culture or to follow the teachings of their religions.
(The 22 member States of the League of Arab States are: Jordan, U.A.E., Bahrain, Tunisia, Algeria, Djibouti, Saudi Arabia, Sudan, Syria, Somalia, Iraq, Oman, Palestine, Qatar, Comoros, Kuwait, Lebanon, Libya, Egypt, Morocco, Mauritania, Yemen.)
Convention for the Protection of Human Rights and Fundamental Freedoms, 1950
Article 14: Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Optional Protocol 12 (not yet in force)
Article 1
- The enjoyment of any right set forth by law shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
- No one shall be discriminated against by any public authority on any ground such as those mentioned in paragraph 1.
European Charter for Regional/Minority Languages, 1998
Framework Convention for the Protection of National Minorities, 1998
Article 1
The protection of national minorities and of the rights and freedoms of persons belonging to those minorities forms an integral part of the international protection of human rights, and as such falls within the scope of international co-operation.
Article 3
- Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice.
- Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others.
Charter of Fundamental Rights of the European Union, 2000
Article 21
- Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.
- Within the scope of application of the Treaty establishing the European Community and of the Treaty on European Union, and without prejudice to the special provisions of those Treaties, any discrimination on grounds of nationality shall be prohibited.
Article 22
The Union shall respect cultural, religious and linguistic diversity.
American Convention On Human Rights, 1969
Article 1: Obligation to Respect Rights
The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.
Article 20: Right to Nationality
- Every person has the right to a nationality.
- Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality.
- No one shall be arbitrarily deprived of his nationality or of the right to change it.
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