A/HRC/4/WG.3/6 page 28 recommendation No. 4 (1973) concerning reporting by States parties (article 1 of the Convention), CERD invited States parties to include in their periodic reports relevant information concerning the demographic composition of the population. CERD further acknowledged that there is an international standard concerning the specific rights of people belonging to ethnic groups, together with generally recognized norms concerning equal rights for all and non-discrimination, including those incorporated in the International Convention on the Elimination of All Forms of Racial Discrimination. At the same time, CERD took a position against arbitrary treatment of minority groups in recognizing their existence and pointing to the need for applying the same criteria to all of them, in particular with regard to the number of persons, their being of a race, colour, descent or national or ethnic origin different from the majority, or from other groups within the population.77 87. Article 27 of ICCPR guarantees that “In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.” In its general comment No. 23 (1994) on article 27 (Rights of minorities), the Human Rights Committee states that “the persons designed to be protected are those who belong to a group and who share in common a culture, a religion and/or a language.”78 Further, these rights apply to all individuals within the territory of the State party and not just to citizens alone.79 Lastly, States parties are under an obligation to take positive measures of protection “not only against the acts of the State party itself … but also against the acts of other persons within the State party.”80 88. The most comprehensive United Nations instrument dealing with the protection of minorities is the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. This document, which lays down specific rights of persons belonging to minorities and defines the related obligations of States, is however of a non-binding nature. Assessment and recommendations 89. The Working Group on Minorities of the Sub-Commission in its recent report indicated “that addressing the rights of minorities remains one of the most marginalized issues within the 77 Ibid, para. 2. 78 Paragraph 5.1. 79 Idem. 80 Para 6.1. See also CRC, article 30.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents