Minority rights

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The term minority rights embodies two separate concepts: first, normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second, collective rights accorded to minority groups.

Civil rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group.

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

[edit] Minority Rights in National and International Law

Minority rights, as applying to ethnic, religious or linguistic minorities and indigenous peoples, are an integral part of international human rights law. Like children's rights, women's rights and refugee rights, minority rights are a legal framework designed to ensure that a specific group which is in a vulnerable, disadvantaged or marginalised position in society, is able to achieve equality and is protected from persecution. The first post-war international treaty to protect minorities, designed to protect them from the greatest threat to their existence, was the U.N. Convention on the Prevention and Punishment of the Crime of Genocide. Subsequent human rights standards that codify minority rights include the International Covenant on Civil and Political Rights (Article 27), the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, two Council of Europe treaties (the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, and the OSCE Copenhagen Document of 1990.

Minority rights cover protection from discrimination and persecution, protection and promotion of identity, and participation in political life. Emergence of faith based terrorism and rise of fundamentalism among minorities has posed a serious challenge for Minority rights Advocay groups.They have grown in their apprehension about this misuse of "Minority Rights" as a pretext to exploit law and constitutional provisions, in order to use them as a shield against their faith based political agenda. Many countries have specific laws, or bodies such as a commission or ombudsman, to protect minority rights. An example is the Constitution of South Africa and the Swedish Ombudsman against Ethnic Discrimination.

While initially, the United Nations treated indigenous peoples 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.

Attempts to codify the rights of sexual minorities in international human rights law have met with strong opposition from a number of member states of the United Nations.