3.2

minority rights and laws

 

3.2.1

Minority Rights


 PREVIEW

If human rights are universal, then why is there a need to identify specific rights for minority groups and members of minority groups?

All individuals are born with the same set of basic human rights. In addition, there are particular rights that members of some minority groups are entitled to. Minority group members can be entitled to particular minority rights as individuals, but some minority rights can also be recognised as group rights. These group rights are sometimes referred to as ‘collective rights’. 

There is no one universal definition of what minority rights are. There is neither a single list of which groups have minority rights, nor a single list of which rights are minority rights. Minority rights can be found in international laws and also in national laws. 

Minority rights can be important because there might be a risk that majority groups use their power to oppress members of minority groups, for example, by adopting restrictive laws. Minority groups could be protected from human rights violations if their particular rights are guaranteed, even under majority rule. Minority rights could also ensure that discrimination against members of minority groups is not allowed. 

According to the Office of the UN High Commissioner for Human Rights (OHCHR 2010), there are four main reasons why minority rights are important:

  1. Survival and existence
  2. Promotion and protection of the identity of minority groups
  3. Equality and non-discrimination
  4. Effective and meaningful participation

 

REFLECTION/DISCUSSION

For each of the five minority groups in this learning resource, why are the four reasons for having minority rights important?

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