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The 1992 Declaration on the Rights of Persons Belonging to Minorities

Chapter One Hundred Twenty-Four

Syllabus topic 6, "Pluralism and International Concerns".

Pages 698 to 703 of 780

In one line

Nine articles adopted without a vote in 1992, which take article 27's individual right and add participation, contact across frontiers, mother-tongue instruction and a duty on the State to protect the group's existence.

In the wording a student can write in an exam: the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities was adopted BY CONSENSUS in 1992, and its Preamble records that it was INSPIRED BY THE PROVISIONS OF ARTICLE 27 of the International Covenant on Civil and Political Rights. It has nine articles. Article 1 obliges States to protect THE EXISTENCE and the identity OF MINORITIES and to adopt legislative and other measures. Article 2 confers five rights on PERSONS BELONGING TO MINORITIES. Article 3 provides that those rights may be exercised individually as well as in community, and that no disadvantage shall result from their exercise or non-exercise. Article 4 imposes five duties of implementation, including mother-tongue instruction. Article 5 requires national policies and programmes to be planned with due regard to minorities' legitimate interests. Articles 6 and 7 provide for co-operation between States. Article 8 contains four savings, including that measures taken shall NOT PRIMA FACIE be considered contrary to the principle of equality. And article 9 addresses the specialised agencies.

Article by article

Article 1, the duty on the State, and the only article whose object is the minority itself.

  1. States SHALL PROTECT THE EXISTENCE and the national or ethnic, cultural, religious and linguistic IDENTITY OF MINORITIES within their respective territories, and shall ENCOURAGE CONDITIONS for the promotion of that identity.
  2. States shall adopt appropriate legislative and other measures to achieve those ends.

Article 2, the five rights of persons belonging to minorities.

  1. To ENJOY THEIR OWN CULTURE, to PROFESS AND PRACTISE THEIR OWN RELIGION, and to USE THEIR OWN LANGUAGE, IN PRIVATE AND IN PUBLIC, freely and without interference or any form of discrimination.
  2. To PARTICIPATE EFFECTIVELY in cultural, religious, social, economic and PUBLIC LIFE.
  3. To PARTICIPATE EFFECTIVELY IN DECISIONS at the national and, where appropriate, regional level concerning the minority to which they belong or the regions in which they live, in a manner NOT INCOMPATIBLE WITH NATIONAL LEGISLATION.
  4. To ESTABLISH AND MAINTAIN THEIR OWN ASSOCIATIONS.
  5. To establish and maintain, without any discrimination, free and peaceful CONTACTS with other members of their group and with persons belonging to other minorities, as well as CONTACTS ACROSS FRONTIERS with citizens of other States to whom they are related by national or ethnic, religious or linguistic ties.

Article 3, the manner of exercise.

  1. The rights may be exercised INDIVIDUALLY AS WELL AS IN COMMUNITY with other members of the group, without any discrimination.
  2. NO DISADVANTAGE shall result for any person belonging to a minority as the consequence of THE EXERCISE OR NON-EXERCISE of the rights.
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