11.2 UN HUMAN RIGHTS TREATIES

General UN human rights treaties provide important standards for the protection of the rights of persons belonging to minority groups. There are eight human rights treaties that have established committees to follow the implementation of their work (listed in parentheses):

ICCPR - International Covenant on Civil and Political Rights (Human Rights Committee)

ICESCR
- International Covenant on Economic, Social and Cultural Rights (Committee on Economic, Social and Cultural Rights)

ICERD
- International Convention on the Elimination of All Forms of Racial Discrimination (Committee on the Elimination of Racial Discrimination)

CRC
- Convention on the Rights of the Child (Committee on the Rights of the Child)

CAT
- Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (Committee against Torture)

CEDAW
- Convention on the Elimination of All Forms of Discrimination Against Women (Committee on the Elimination of Discrimination Against Women)

ICRMW
- International Convention on the Protection of the Rights of All Migrant Workers and their Families (Committee on Migrant Workers)

CRPD
- Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Committee on the Rights of Persons with Disabilities)

Two of these treaties contain minority-specific provisions:

Article 27 of ICCPR is the most widely accepted legally binding provision on minorities and provides basis for the UN Declaration on Minorities. Article 27 reads:

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.

The article grants persons belonging to minorities the right to a national, ethnic, religious or linguistic identity, or a combination thereof, and to preserve the characteristics they wish to maintain and develop. Although the article refers to the rights of minorities in those States in which they exist, its applicability is not subject to official recognition of a minority by a State. States that have ratified the ICCPR are obliged to ensure that all individuals under their jurisdiction enjoy their rights; this may require specific action to correct inequalities to which minorities are subjected.

Article 30 of CRC provides a similar standard for minority children:

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 practise his or her own religion, or to use his or her own language.

Given the wide ratification of the ICCPR and the CRC, almost every State in the world has a legally-binding obligation to protect minority rights based on its voluntary commitments under international law.

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