3.3

 

3.3.1

Human Rights Laws for Many Minority Groups

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PREVIEW

Do you know of any human rights laws that protect the rights of minority groups? If yes, which ones?

The following international human rights laws are relevant for minority rights related to the five specific minority groups included in this learning resource:

• Ethnic and indigenous minority groups
• Religious minority groups
• Stateless persons
• Persons with disabilities
• Sexual Orientation and Gender Identity and Expression (SOGIE) minority groups

Some documents are declarations and others are treaties. Many rights appear in more than one document. 

UN Universal Declaration of Human Rights (UDHR, 1948)

The UDHR was first considered non-binding when it was adopted in 1948. Myanmar, then known as Burma, voted to adopt this declaration. Since then, it is increasingly common for legal experts and governments to recognise the UDHR as legally binding through customary law. Some of the human rights relevant for minority groups in this declaration include: 

Articles 2, 7 and 21: Non-discrimination based on race, colour, sex, language, religion, national or social origin, including equality before the law and in participation and representation in government  

Article 5: Freedom from torture and cruel, inhuman or degrading treatment or punishment

Article 12: Right to privacy 

Articles 13 and 15: Rights to residence, freedom of movement and right to a nationality

Article 14: Freedom from political persecution

Article 16: Right to freely enter into marriage

Article 18: Freedom of thought, conscience and religion

Article 20: Freedom of assembly and association

Articles 22, 23 and 25: Rights to employment, fair pay, social security and social services.

UN Educational, Scientific and Cultural Organisation (UNESCO) Convention Against Discrimination in Education (CADE, 1960)

The CADE was adopted by UNESCO in 1960 and it came into force in 1962. Myanmar has not signed, ratified or acceded to the CADE. Therefore, this treaty is not legally binding in Myanmar.  Some of the human rights relevant for minority groups in this treaty include:

Article 1: Non-discrimination based on race, colour, sex, language and religion

Article 3: Non-discrimination in education, including in enrollment, treatment, school fees and scholarships and freedom from bias 

Article 5: Right to education, including the freedom for parents and guardians to choose religious-based education for their children and freedom for minority groups to provide their own education 

International Covenant on Civil and Political Rights (ICCPR, 1966) 

The ICCPR was adopted by the UNGA in 1966 and it came into force in 1976. Myanmar has not signed, ratified or acceded to the ICCPR. Therefore, this treaty is not legally binding in Myanmar. Many articles in the UDHR are repeated in the ICCPR. Some of the human rights relevant for minority groups in this treaty include: 

Article 1: Right to self-determination in political, economic, social and cultural development

Articles 2, 4, 25 and 26: Non-discrimination, including in states of emergency, equality before the law and in participation and representation in government

Articles 6 and 7: Rights to life and freedom from torture and cruel, inhuman or degrading treatment or punishment

Articles 14 and 16: Equality before the courts, including access to translation, and recognition as a person before the law

Articles 12 and 24: Rights to residence, freedom of movement and right to a nationality and a birth certificate for children

Article 17: Right to privacy

Article 18: Freedom of thought, conscience and religion

Article 20: Protection from propaganda and incitement

Articles 21 and 22: Freedoms of assembly and association

Article 23: Right to freely enter into marriage

Article 27: Right for ethnic, religious and linguistic minority groups to enjoy their own culture, practise their own religion and use their own language

International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966)

The ICESCR was adopted by the UNGA in 1966 and it came into force in 1976. Myanmar signed the ICESCR in 2015 and acceded to it in 2017. Therefore, this treaty is legally binding in Myanmar. Many articles in the UDHR are repeated in the ICESCR. Some of the human rights relevant for minority groups in this treaty include: 

Article 1: Right to self-determination, the use of one’s own resources, and survival

Article 2: Non-discrimination based on race, colour, sex, language and religion

Articles 6, 7, 9 and 12: Rights to employment, fair pay, social security and social services

Article 10: Right to freely enter into marriage

Article 13: Right to education, including the freedom for parents and guardians to choose religious-based education for their children

Association of Southeast Asian Nations Human Rights Declaration (ASEAN Human Rights Declaration, 2012)

The ASEAN Human Rights Declaration was adopted by all ASEAN members in 2012. The declaration includes all of the civil and political rights (articles 10-25) and economic, social and cultural rights (articles 26-34) in the UDHR. It also includes the right to development (articles 35-37) and peace (article 38). Myanmar signed the declaration, but it is not legally binding. The declaration supports the rights stated in the UDHR without adding particular group rights for minority groups.