Minority rights are the normal

individual rights Group rights, also known as collective rights, are rights held by a group '' qua'' a group rather than individually by its members; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which ...

as applied to members of racial,

ethnic An ethnic group or an ethnicity is a grouping of people who identify with each other on the basis of shared attributes that distinguish them from other groups. Those attributes can include common sets of traditions, ancestry, language, history, ...

class Class or The Class may refer to: Common uses not otherwise categorized * Class (biology), a taxonomic rank * Class (knowledge representation), a collection of individuals or objects * Class (philosophy), an analytical concept used differentl ...

religious Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatur ...

linguistic Linguistics is the scientific study of human language. It is called a scientific study because it entails a comprehensive, systematic, objective, and precise analysis of all aspects of language, particularly its nature and structure. Linguis ...

or gender and sexual minorities, and also the

collective rights Group rights, also known as collective rights, are rights held by a group '' qua'' a group rather than individually by its members; in contrast, individual rights are rights held by individual people; even if they are group-differentiated, which ...

accorded to any

minority group The term 'minority group' has different usages depending on the context. According to its common usage, a minority group can simply be understood in terms of demographic sizes within a population: i.e. a group in society with the least number o ...

. Civil-rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group. Such civil-rights advocates include the global women's-rights and global LGBT-rights movements, and various racial-minority rights movements around the world (such as the

Civil Rights Movement The civil rights movement was a nonviolent social and political movement and campaign from 1954 to 1968 in the United States to abolish legalized institutional racial segregation, discrimination, and disenfranchisement throughout the Unite ...

in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

). Issues of minority rights may intersect with debates over historical redress or over positive discrimination.

History

Prior to the

Paris Peace Conference (1919–1920) The Paris Peace Conference was the formal meeting in 1919 and 1920 of the victorious Allies after the end of World War I to set the peace terms for the defeated Central Powers. Dominated by the leaders of Britain, France, the United States and ...

, the term "minority" primarily referred to political parties in national legislatures, not ethnic, national, linguistic or religious groups. The Paris Conference has been attributed with coining the concept of minority rights and bringing prominence to it. The issue of minority rights was first raised in 1814, at the

Congress of Vienna The Congress of Vienna (, ) of 1814–1815 was a series of international diplomatic meetings to discuss and agree upon a possible new layout of the European political and constitutional order after the downfall of the French Emperor Napoleon B ...

, which discussed the fate of German

Jew Jews ( he, יְהוּדִים, , ) or Jewish people are an ethnoreligious group and nation originating from the Israelites Israelite origins and kingdom: "The first act in the long drama of Jewish history is the age of the Israelites""T ...

s and especially of the

Poles Poles,, ; singular masculine: ''Polak'', singular feminine: ''Polka'' or Polish people, are a West Slavic nation and ethnic group, who share a common history, culture, the Polish language and are identified with the country of Poland in Ce ...

who were once again partitioned up. The Congress expressed hope that

Prussia Prussia, , Old Prussian: ''Prūsa'' or ''Prūsija'' was a German state on the southeast coast of the Baltic Sea. It formed the German Empire under Prussian rule when it united the German states in 1871. It was ''de facto'' dissolved by an em ...

Russia Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...

, and

Austria Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...

would grant tolerance and protection to their minorities, which ultimately they disregarded, engaging in organized discrimination. The 1856

Congress of Paris The Congress of Paris is the name for a series of diplomatic meetings held in 1856 in Paris, France, to negotiate peace between the warring powers in the Crimean War that had started almost three years earlier."Paris, Treaty of (1856)". The New E ...

paid special attention to the status of Jews and

Christians Christians () are people who follow or adhere to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. The words '' Christ'' and ''Christian'' derive from the Koine Greek title ''Christós'' (Χρ ...

in the

Ottoman Empire The Ottoman Empire, * ; is an archaic version. The definite article forms and were synonymous * and el, Оθωμανική Αυτοκρατορία, Othōmanikē Avtokratoria, label=none * info page on book at Martin Luther University) ...

. In Britain, William Gladstone made the massacres of

Bulgarians Bulgarians ( bg, българи, Bǎlgari, ) are a nation and South Slavic ethnic group native to Bulgaria and the rest of Southeast Europe. Etymology Bulgarians derive their ethnonym from the Bulgars. Their name is not completely unders ...

by the Ottoman Empire a major campaign issue and demanded international attention. The

Congress of Berlin The Congress of Berlin (13 June – 13 July 1878) was a diplomatic conference to reorganise the states in the Balkan Peninsula after the Russo-Turkish War of 1877–78, which had been won by Russia against the Ottoman Empire. Represented at th ...

in 1878 dealt with the status of Jews in

Romania Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...

, especially, and also

Serbia Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...

, and

Bulgaria Bulgaria (; bg, България, Bǎlgariya), officially the Republic of Bulgaria,, ) is a country in Southeast Europe. It is situated on the eastern flank of the Balkans, and is bordered by Romania to the north, Serbia and North Macedo ...

. On the whole, the 19th-century congresses failed to impose significant reforms. The first minority rights were proclaimed and enacted by the revolutionary Parliament of Hungary in July 1849. Minority rights were codified in Austrian law in 1867. Russia was especially active in protecting Orthodox Christians and Slavic peoples under the control of the Ottoman Empire. However the Russian government tolerated vicious

pogrom A pogrom () is a violent riot incited with the aim of massacring or expelling an ethnic or religious group, particularly Jews. The term entered the English language from Russian to describe 19th- and 20th-century attacks on Jews in the Russia ...

s against Jews in its villages. Russia was widely attacked for this policy. By contrast there was little or no international outrage regarding the treatment of other minorities, such as black people in the

southern United States The Southern United States (sometimes Dixie, also referred to as the Southern States, the American South, the Southland, or simply the South) is a geographic and cultural region of the United States of America. It is between the Atlantic Ocean ...

before the 1950s when African colonies became independent. Before the

World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, the United States, and the Ottoman Empire, with fightin ...

, only three European countries declared ethnic minority rights, and enacted minority-protecting laws: the first was Hungary (1849 and 1868), the second was Austria (1867), and the third was Belgium (1898). In the pre-WW1 era, the legal systems of other European countries did not allow the use of European minority languages in primary schools, in

cultural institutions A cultural institution or cultural organization is an organization within a culture/subculture that works for the preservation or promotion of culture. The term is especially used of public and charitable organizations, but its range of meaning can ...

, in offices of public administration and at the legal courts.

Minority rights at the Paris Peace Conference of 1919

At the

Versailles Peace Conference The Palace of Versailles ( ; french: Château de Versailles ) is a former royal residence built by King Louis XIV located in Versailles, about west of Paris, France. The palace is owned by the French Republic and since 1995 has been managed, u ...

the Supreme Council established 'The Committee on New States and for The Protection of Minorities'. All the new successor states were compelled to sign minority rights treaties as a precondition of diplomatic recognition. It was agreed that although the new states had been recognized, they had not been 'created' before the signatures of the final peace treaties. The issue of German and Polish rights was a point of dispute as Polish rights in Germany remained unprotected, unlike the German minority in

Poland Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...

. Like other principles adopted by the League, the Minorities Treaties were a part of the Wilsonian idealist approach to international relations; like the League itself, the Minority Treaties were increasingly ignored by the respective governments, with the entire system mostly collapsing in the late 1930s. Despite the political failure, they remained the basis of international law. After

World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...

, the legal principles were incorporated in the UN Charter and a host of international human rights treaties.

International law

Minority rights, as applying to ethnic, religious or linguistic minorities and indigenous peoples, are an integral part of

international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, a ...

. Like

children's rights Children's rights are a subset of human rights with particular attention to the rights of special protection and care afforded to minors.

women's rights Women's rights are the rights and entitlements claimed for women and girls worldwide. They formed the basis for the women's rights movement in the 19th century and the feminist movements during the 20th and 21st centuries. In some countries, ...

and refugee rights, minority rights are a legal framework designed to ensure that a specific group which is in a vulnerable,

disadvantaged The "disadvantaged" is a generic term for individuals or groups of people who: * Face special problems such as physical or mental disability * Lack money or economic supportKingdom of Nepal: Economic and Social Inclusion of the Disadvantaged Poo ...

or marginalized position in society, is able to achieve equality and is protected from persecution. The first postwar international treaty to protect minorities, designed to protect them from the greatest threat to their existence, was the

Convention on the Prevention and Punishment of the Crime of Genocide The Convention on the Prevention and Punishment of the Crime of Genocide (CPPCG), or the Genocide Convention, is an international treaty that criminalizes genocide and obligates state parties to pursue the enforcement of its prohibition. It was ...

. Subsequent

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...

standards that codify minority rights include the

International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, fr ...

(Article 27), the

United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...

Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities has been adopted by the UN General Assembly on 18 December 1992, without a vote, by resolution No. 47/135. Its key provisions include that " ...

, two Council of Europe treaties (the

Framework Convention for the Protection of National Minorities The Framework Convention for the Protection of National Minorities (FCNM) is a multilateral treaty of the Council of Europe aimed at protecting the rights of minorities. It came into effect in 1998 and by 2009 it had been ratified by 39 member ...

and the

European Charter for Regional or Minority Languages The European Charter for Regional or Minority Languages (ECRML) is a European treaty (CETS 148) adopted in 1992 under the auspices of the Council of Europe to protect and promote historical regional and minority languages in Europe. However, th ...

), and the

Organization for Security and Co-operation in Europe The Organization for Security and Co-operation in Europe (OSCE) is the world's largest regional security-oriented intergovernmental organization with observer status at the United Nations. Its mandate includes issues such as arms control, pro ...

(OSCE) Copenhagen Document of 1990. Minority rights cover protection of existence, protection from discrimination and persecution, protection and promotion of identity, and participation in political life. For the rights of

LGBT ' is an initialism that stands for lesbian, gay, bisexual, and transgender. In use since the 1990s, the initialism, as well as some of its common variants, functions as an umbrella term for sexuality and gender identity. The LGBT term ...

people, the

Yogyakarta Principles The Yogyakarta Principles is a document about human rights in the areas of sexual orientation and gender identity that was published as the outcome of an international meeting of human rights groups in Yogyakarta, Indonesia, in November 2006. Th ...

have been approved by the

United Nations Human Rights Council The United Nations Human Rights Council (UNHRC), CDH is a United Nations body whose mission is to promote and protect human rights around the world. The Council has 47 members elected for staggered three-year terms on a regional group basis. ...

. For the rights of persons with disabilities, the Convention on the Rights of Persons with Disabilities has been adopted by

United Nations General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...

. To protect minority rights, many countries have specific laws and/or commissions or ombudsman institutions (for example the Hungarian Parliamentary Commissioner for National and Ethnic Minorities Rights). While initially, the United Nations treated

indigenous peoples Indigenous peoples are culturally distinct ethnic groups whose members are directly descended from the earliest known inhabitants of a particular geographic region and, to some extent, maintain the language and culture of those original people ...

as a sub-category of minorities, there is an expanding body of international law specifically devoted to them, in particular Convention 169 of the

International Labour Organization The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice by setting international labour standards. Founded in October 1919 under the League of Nations, it is the first and o ...

and the UN Declaration on the Rights of Indigenous Peoples (adopted 14 September 2007). In 2008, a declaration on LGBT rights was presented in the

UN General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Cur ...

, and in 2011, an LGBT rights resolution was passed in the United Nations Human Rights Council (''See

LGBT rights at the United Nations Discussions of LGBT rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms (such ...

''). There are many political bodies which also feature minority group rights, which might be seen in affirmative action quotas or in guaranteed minority representation in a

consociational state Consociationalism ( ) is a form of democratic power sharing. Political science, Political scientists define a consociational State (polity), state as one which has major internal divisions along ethnic, religious, or linguistic lines, but which r ...

National minorities in the law of the EC/EU

The direct role of the

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been des ...

(and also the law of the EU/EC) in the area of protection of national minorities is still very limited (likewise the general protection of human rights). The EU has relied on general

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

and a European regional system of international law (based on the Council of Europe,

, etc.) and in a case of necessity accepted their norms. But the "de-economisation of European integration", which started in the 1990s, is changing this situation. The political relevance of national minorities' protection is very high. Now (2009), although protection of the national minorities has not become a generally accepted legally binding principle of the EU, in several legal acts issues of national minorities are mentioned. In external relations protection of national minorities became one of the main criteria for cooperation with the EU or accession.

Daniel Šmihula Daniel is a masculine given name and a surname of Hebrew origin. It means "God is my judge"Hanks, Hardcastle and Hodges, ''Oxford Dictionary of First Names'', Oxford University Press, 2nd edition, , p. 68. (cf. Gabriel—"God is my strength" ...

(2008). ''National Minorities in the Law of the EC/EU'' in Romanian Journal of European Affairs, Vol. 8 no. 3, Sep. 2008, pp.51-81.

References

Bibliography

* Azcarate, P. de. ''League of Nations and National Minorities'' (1945
online
* Barzilai, G. 2003. ''Communities and Law: Politics and Cultures of Legal Identities''. Ann Arbor: University of Michigan Press. * Fink, Carole. 2006. ''Defending the Rights of Others: The Great Powers, the Jews, and International Minority Protection, 1878-1938''
excerpt and text search
* Henrard, K. 2000. ''Devising an Adequate System of Minority Protection: Individual Human Rights, Minority Rights, and the Right to Self-Determination'' Leiden: Martinus Nijhoff Publishers * Jackson Preece, J. 2005. ''Minority Rights: Between Diversity and Community'' Cambridge: Polity Press * Malloy, T.H. 2005. ''National Minority Rights in Europe'' Oxford and New York: Oxford University Press. * Pentassuglia, G. 2002. ''Minorities in international law: an introductory study'' Strasbourg: Council of Europe Publications * Šmihula, D. 2008. "National Minorities in the Law of the EC/EU", ''Romanian Journal of European Affairs,'' Vol. 8 no. 3, pp. 2008, pp. 51–81
online
* Thornberry, P. 1991. ''International Law and the Rights of Minorities.'' Oxford: Clarendon Press * Weller, M. (ed.) 2006. ''The Rights of Minorities in Europe: A Commentary on the European Framework Convention for the Protection of National Minorities.'' Oxford and New York: Oxford University Press. * Weller, M., Denika Blacklock and Katherine Nobbs (eds.) 2008. ''The Protection of Minorities in the Wider Europe'' Basingstoke and New York: Palgrave Macmillan.

Links

* Gabriel N. Toggenburg
Minority Protection and the European Union
OSI, Budapest 2004 * Gabriel N. Toggenburg / Günther Rautz
Das ABC des Minderheitenschutz in Europa
Böhlau, Wien 2010 * Gabriel N. Toggenburg
The Union's role vis-a-vis its minorities after the enlargement decade: a remaining share or a new part?
European University Institute, Florence 2006

External links

Commentary to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
United Nations Working Group on Minorities
its recommendationsU.N. Special Adviser on the Prevention of GenocideMinority Rights Group InternationalMinority rights implemented at grassroot levelOSCE Copenhagen Document 1990
*

br>Hague recommendations regarding the education rights of national minorities & explanatory note
*

br>Oslo recommendation regarding the linguistic rights of national minorities
*

Congress of the Council of Europe The Congress of Local and Regional Authorities is the pan-European political assembly representing local and regional authorities from the forty-six member states of the Council of Europe. Its role is to promote local and regional democracy, imp ...

Recommendation 222 (2007
Language Education in Regional or Minority LanguagesCompilation of reports and opinions concerning the protection of national minorities

Venice Commission The Venice Commission, officially European Commission for Democracy through Law, is an advisory body of the Council of Europe, composed of independent experts in the field of constitutional law. It was created in 1990 after the fall of the Berlin ...

Documents submitted to the Working Group on Minorities
that was replaced by the Forum on Minority Issues, established by Human Rights Council resolution 6/15 * {{Authority control Affirmative action Majority–minority relations