PREVIEW
What actions might a state take to ensure and promote minority rights within its own country?
In addition to international minority rights laws, individual states can also adopt their own national minority rights laws. These laws can be more relevant to the local context and might go beyond what is written in international minority rights laws.
Minority rights could be included in the constitution. This is advantageous because constitutions are very difficult to change. Constitutions could protect minority rights through:
- The electoral system: States can have different electoral systems. Some of these systems might be more inclusive of minority groups.
- Autonomy and self-determination: States can have constitutions that allow minority groups some degree of self-rule. For example, they might have a right to set up their own institutions and systems and provide their own services, independent from the central government.
- Recognition of diversity: Some constitutions have preambles that describe the diversity within the state.
- The Bill of Rights: States can have constitutions that include a list of citizens’ fundamental rights and how these might be restricted in some situations. These rights could entitle minority groups to express and promote their identity.
In addition to their constitutions, states may also establish special measures to protect and promote minority rights. This may happen through:
- Affirmative action: States can create laws and policies that are used to improve access for members of minority groups to opportunities in different parts of public life, such as equal access to educational and employment opportunities.
- Ombudsman: States may appoint an Ombudsman. This official position can investigate unresolved complaints that members of minority groups may have against a government, a state-owned company or a state-run organisation. The Ombudsman typically handles complaints made against the government, but in some cases they may handle complaints against private companies.
- Public media: States may print and broadcast media that is representative of the diversity of the population and therefore should be inclusive of minority identities.
- Funding: States may choose to fund activities that promote the rights and identities of minority groups or activities that are implemented by members of minority groups.
Individual states may also have their own national laws to protect the rights of certain minority groups.
REFLECTION/DISCUSSION
Do any of these measures to protect minority rights exist in your country?
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