Importance of minority rights

Importance of minority rights
National culture, ethnic, religious, and linguistic minorities whose status has been recognized by national legislation or internationally binding declarations, as well as minorities that define and organize themselves as [1] are all considered minorities.
Minority rights are based on the recognition that minorities are vulnerable in comparison to other groups in society, such as the majority population, and are intended to protect members of a minority group from discrimination, assimilation, prosecution, hostility, or violence as a result of their status [2]. It is important to note that minority rights are not privileges, but rather a means of ensuring that members of diverse communities are treated equally. These rights are intended to protect vulnerable groups and to achieve a minimum level of equality in the exercise of human and basic rights for all members of society.
European history has demonstrated that the safeguarding of national minorities is critical to the continent’s stability, democratic security, and peace. A pluralist and genuinely democratic society must not only accept each person’s ethnic, cultural, linguistic, and religious identity, but also provide proper conditions for individuals to express, preserve, and develop such identity. To enable cultural diversity to be a source and an element of richness for any culture, an environment of tolerance and conversation must be established [3].
Minorities require particular protection in order to enjoy the same rights as the rest of the population. As a result, minority rights serve to ensure that all members of society have equal access to their human rights. In other words, they want to make sure that those who are part of a national minority are treated equally to people who are part of the majority. Equal chances at all levels for people who belong to a national minority is especially vital in this context because it strengthens communities and promotes the practice of individual liberties.
The promotion and protection of minorities’ identities are important to their rights. Promoting and maintaining their identity helps to avoid forced assimilation and the extinction of cultures, faiths, and languages, which are the foundation of the world’s diversity and hence part of its history. Diversity and numerous identities must be tolerated, safeguarded, and appreciated in order to avoid assimilation. Minority rights entail ensuring that distinctive identities are respected while also ensuring that any unequal treatment of groups or individuals belonging to such groups does not conceal discriminatory behaviors and policies. As a result, affirmative action is required to respect cultural, religious, and linguistic diversity, as well as to recognize that minorities improve society as a result of their uniqueness [4].
Minority engagement in public affairs and all aspects of the political, economic, social, and cultural life of the country in which they live is critical to preserving their identity and combatting social isolation. Mechanisms are needed to ensure that society’s diversity in terms of minority groups is reflected in public institutions such as national legislatures, the civil service sector, including the police and the judiciary, and that minorities are adequately represented, consulted, and have a voice in decisions that affect them or the territories and regions in which they live. Participation must be meaningful, not merely symbolic, and must take into account factors such as minorities’ underrepresentation and the fact that their concerns may not be heard.
·       Tolerance and intercultural dialogue are required for the protection of minority rights. The various groups that make up a society should be able to engage and cooperate with one another while maintaining their own identities if mutual respect and understanding are encouraged[5]. Promoting knowledge of minorities’ culture, history, language, and religion from an intercultural perspective is one of the most important elements required to achieve this goal. To put it another way, minority rights can help to create a society that is more inclusive, peaceful, and cohesive, while also respecting diversity.
·       Unaddressed inter-ethnic tensions, divisions, and exclusion can easily lead to instability and conflict. In the aftermath of ethnic conflict, dealing effectively with minority-majority relations is crucial to achieving lasting peace.
important documents and institutions
 
United Nations
Protection of national minorities, as well as the rights and freedoms of minorities’ members, are all elements of international human rights protection. It is vital to start thinking about the legal framework as a foundation for developing beneficial rules in countries that have signed the International Covenant on Civil and Political Rights (ICCPR).  The Covenant is the first international treaty to have a clause (art. 27) addressing minority rights.
Article  27


Persons belonging to ethnic, religious, or linguistic minorities should not be denied the right to enjoy their own culture, profess and practice their own religion, or use their own language in those States where such minorities exist [6].
Accepting and appreciating that the goal of a free human being with all citizens and political freedoms can only be realized if all prerequisites for everyone’s civil and political rights are met.
States are required by the United Nations Declaration on the Rights of Minorities to protect minorities’ existence and identities. It also encourages states to promote national or ethnic identities, as well as cultural, religious, and linguistic identities. Minorities have the right to practice their religion, enjoy their culture, and use their own language in both public and private situations, according to Article 2(1) of this proclamation. Persons belonging to minorities have the right to exercise their rights individually and collectively under Article 3 of this statement [7].
The UN High Commissioner for Human Rights strives to promote and preserve the human rights of all people everywhere, based on the universality of human rights and the fundamental principles of equality and non-discrimination. The promotion and protection of minorities rights, including field presences, is thus an inherent obligation and significant priority of the High Commissioner. More precisely, the High Commissioner is tasked with promoting the implementation of the principles set forth in the Minorities Declaration, as well as engaging in communication with the governments concerned [8].
Council of Europe
Protocol No. 12 to the European Convention on Human Rights established the status of national minorities’ rights [9].
Article  1


Any legal right must be exercised without discrimination on the basis of sex, race, color, language, religion, political or another viewpoint
, national or social origin, membership in a national minority, property, birth, or another status.
Any public authority shall not discriminate against anyone on the basis of any of the factors listed in paragraph 1.
The European Charter for Regional or Minority Languages, adopted in 1992, established institutions and instruments to defend national minorities’ rights. The Charter focuses on tangible procedures for minority or regional language protection in the areas of education, public information, cultural activities, economic and social life, and criminal and civil cases where it is warranted that the minority language is in use. Any legal right must be exercised without discrimination on the basis of sex, race, color, language, religion, political or another viewpoint, national or social origin, membership in a national minority, property, birth, or another status.
Any public authority shall not discriminate against anyone on the basis of any of the factors listed in paragraph 1.
The European Charter for Regional or Minority Languages, adopted in 1992, established institutions and instruments to defend national minorities’ rights. The Charter focuses on tangible procedures for minority or regional language protection in the areas of education, public information, cultural activities, economic and social life, and criminal and civil cases where it is warranted that the minority language is in use[10].
Article 14
The enjoyment of the rights and freedoms guaranteed by this Convention must be guaranteed without discrimination on the basis of sex, race, color, language, religion, political or other opinions, national or social origin, membership in a national minority, property, birth, or another status.
CFNM is the first international-legally binding treaty in the field of national minority protection, adopted in the 1990s at a period when a large number of nations were undergoing transitions, with the purpose of establishing criteria for minorities to attain peace and stability. It is one of the most important documents in the subject of minority rights, containing provisions such as the right to preserve one’s culture, tradition, language, religion, and customs, the right to education in one’s native language, and the right to access to information in one’s native language[11].
The implementation of the Framework Convention, primarily the compatibility with the European Convention for Human Rights, is intensively overseen by the Council of Europe.
An advisory committee formed by 18 independent professionals was established to oversee the implementation of CFNM. The Committee co-operates and shares experiences with the bodies that deal with similar issues, for example, the European Commission against Racism and Intolerance (ECRI), Venice Commission, Commissioner for Human Rights, and other international organizations.
It is important that, despite sometimes being called a ‘’soft’’ instrument due to the lack of a firm mechanism to control the implementation, Framework Convention has become an instrument to combat discrimination as almost all countries have developed appropriate regulations on combating all forms of discrimination.
 
Organization for Security and Cooperation in Europe  
 If the OSCE High Commissioner on National Minorities (HCNM) believes there are tensions between national minorities that could lead to conflict, he will intervene. Short-term triggers of inter-ethnic tension or violence, as well as long-term structural concerns, are addressed by the High Commissioner. The High Commissioner will provide analysis and recommendations if a participating State fails to achieve its political obligations or international norms. The HCNM produces themed Recommendations and Guidelines based on its expertise, which provide guidance on common difficulties and best practices [12].
Beyond encouraging the acknowledgment of minority culture, identity, and political interests, the OSCE’s Ljubljana Guidelines on Integration of Diverse Societies also advises states to guarantee that dialogue and engagement across ethnic divides are developed. National minorities should not only have the legal right to participate successfully in the overall governance of the state but they should be encouraged to do so, according to these guidelines[13].
 The Panel of Experts on Political Parties of the Office for Democratic Institutions and Human Rights (ODIHR) of the Organization for Security and Co-operation in Europe (OSCE) prepared the Guidelines on Political Party Regulation, as well as the Interpretative Notes, in consultation with the European Commission for Democracy through Law (the Venice Commission) of the Council of Europe. Its goal is to give a broad overview of the issues surrounding the formulation and implementation of legislation for political parties in democracies.
A state’s entire population benefits from good and democratic governance. While democracy entails majority dominance in political decision-making, it also incorporates safeguards against majority power abuse. This is accomplished by assuring minorities’ safety and engagement, as well as fostering inclusiveness[14].
 Political parties are a collective forum for the expression of individuals’ fundamental rights to association and expression, and they have been recognized as vital players in the democratic process by the European Court of Human Rights. They are also the most extensively used means of political engagement and related rights exercise. Parties are essential to a pluralist democratic culture, and they play an important role in ensuring that voters are well-informed and engaged. Furthermore, parties frequently act as a link between the executive and legislative arms of government, and they can help to efficiently prioritize the legislative agenda within a political system[15].
In light of the crucial role political parties play as political players in the public sphere, both Guidelines recognize and stress the unique importance of political parties in the realization
of minority rights and their social integration. Discrimination is prohibited, and effective equality is promoted, according to international human rights instruments at both the universal and regional levels.
When designing integration policies, full inclusion in society, equal opportunities, and equitable treatment for all, including access to public goods and services, should be guiding principles. This means that governments must actively encourage diversity and provide conditions that allow all citizens to feel and participate as full members of society. When the correct conditions exist, a sense of belonging to a shared society can be felt [16].
 References
[1] Minority Rights: International Standards and  Guidance for Implementation, United Nations, Office of the High Commissioner, Ney York and Geneva 2010
[2] A Guidebook for Professionals working with communities in Kosovo. European Centre for minority issues Kosovo. 2013, p. 172.
[3] https://www.coe.int/en/web/minorities/text-of-the-convention
[4] Minority Rights: International Standards and  Guidance for Implementation, United Nations, Office of the High Commissioner, Ney York and Geneva 2010
[5] Human Rights Law Review, Ringelheim .J., vol. 10, Issue 1, 2010, Oxford University Press
[6] http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
[7] http://www.equalrightstrust.org/content/united-nations-declaration-rights-minorities
[8] Promoting and Protecting Minority Rights: A Guide for Advocates, United Nations, Office of the High Commissioner, Geneva and New York, 2012
[9] http://www.echr.coe.int/Documents/Convention_ENG.pdf
[10] Framework convention for the protection of national minorities and explanatory report, Council of Europe, Strasbourg, 1995
 [11] Milena Klajner.  Advisory Committee on the Framework Convention for the Protection of National Minorities, Zagreb.  The Influence of the Framework Convention for the Protection of National Minorities on Minority Rights Implementation: Thirteen Years after it’s Coming into Force
[12] https://www.osce.org/hcnm        [13] https://www.osce.org/hcnm/ljubljana-guidelines
[14] The Ljubljana Guidelines on Integration of Diverse Societies & Explanatory Note, OSCE/HCNM, 2012
[15] Guidelines on political party regulation, OSCE/ODIHR and Venice Commission, 2010
[16] Guidelines on political party regulation, OSCE/ODIHR and Venice Commission, 2010
 

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