Protection Of Minority Rights In International Law

Almost all States have one or more minority groups within their national territories, characterized by their own ethnic, linguistic or religious identity which differs from that of the majority population. They exist as a political force and to some extent affect the country's stability and peace in the world. Protection of the minority rights attracts more serious concern from the international society. Ethnic, religious, linguistic minorities tend to be the direct victims of racial discrimination and religious persecution. From a different perspective, they represent a country's human rights situation and reflect the international protection level of human rights. Article 27 of International Covenants on Civil and Political Rights is the only one universally binding provisions in the world which clearly provides the minority rights. It provides 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 cluture,to profess and practise their own religion, or to use their own language. " It clearly used the word" minority", confirmed the existence of the rights of minorities, but because of its wording very carefully, fuzzy semantic ambiguity. This has resulted in a lot of controversies.The concept of minorities is the first part of the paper. At present, the international society has not agreeed on what is the concept of minorities. It is not realisic to make a clear definition of the minority in the worldwide. On the distinction between minority and relevant concepts, the extension of the minority is larger than national minority, and indigenous people more emphasis on the relations of history of their ancestors. Despite reaching a universally accepted definition of it is difficult, but in any event the concept should have : First, the group identity. Second, the number of minority. Third, not dominant in the society. Fourth, self-identity. As this paper take a perspective on Article 27of International Covenant on Civil and Political Rights, the domain in this paper is limited in: the ethnic, religious or linguistic minorities.Part II deals with the issue of the legitimacy of the protection of minority rights. From the historical development of minority protection, the protection of minorities in the traditional period of the international system has become. After World War II, the rights of minorities has become an important part of international human rights law. first of all, the Theoretical basis of the protection of minority rights is: democracy must be build on the respect for human rights, Most principle as a way to achieve a democratic system, not to sacrifice the interests of the minority at the expense of the values and freedoms. To avoid the tyranny of the majority, we must protect the rights of minorities. Second, the protection of minority rights is the need for equality and non-discrimination principles. Thirdly, the special protection of minorities is needed. This not violates the principle of equality and non-discrimination, and it is consistent with equality and non-discrimination. It is the need for factal equality. Special protection is not a privilege. Special protection of minorities is to protect the basic human rights. Beyond the limits means for the creation of a privilege. The third part of this paper discussed the status of minority rights protected by international law. The substantive law, the International Covenant on Civil and Political Rights, Article 27 clearly stipulates : "In those with ethnic, religious or linguistic minority in the country. such minorities shall not be denied the people with the other members of their group, to enjoy their own culture. profess and practice their own religion, or to use their own language. "Due to the wording of the provision is very cautious, fuzzy semantic ambiguity, it triggered a lot of controversies. First, for the right holders, is it limited to citizens of a country? This paper believes that as long as they have minority characteristics, regardless of whether they were citizens of the country they can be protected by Article 27. And it is considered as a fact and is not dependent on a country's domestic law. Secondly, are the minority's rights human rights of the individual or collective human rights? This paper holds that minority rights are individual rights. That is not to deny the obligations of the country to ensure entire minority groups in the maintenance and group identity. Through legislation and other forms of protection is to protect the minority group, members will be able to fully enjoy the rights of their own, Its purpose is to promote the overall in order to protect of the rights of the individual. Third, the rights of minorities and national unity, the latter is the prerequisite and basis for protection of minority rights. Article 27 could not stand as evidence of the disintegration of the country or separation, Instead, more conducive to national unity and social harmony. Fourth, does States have positive obligations? The answer is yes. To make the Article 27 of the Covenant effective, the State must take positive, continuing measures. purely negative attitude of the country will only make these rights into a dead letter. Declaration on the Rights of the Persons Belonging to National or Ethnic,Religious and Linguistic Minorities based on the International Covenant on Civil and Political Rights that more specific to the provisions of the rights of minorities and minority rights guaranteed by the state, to achieve its obligations. And the International Covenant on Civil and Political Rights, Article 27, the Declaration provides a clear standard, can be regarded as an authoritative interpretation of Article 27 of the International Covenant on Civil and Political Rights. In addition to universal human rights, the minorities enjoy the provisions of Article 27 of the Convention, to enjoy their own culture, their own language. profess and practice their own religion in order to maintain their group identity, maintain their self identity.the minority also enjoy the right to participate fully in social life.In procedural law, the main mechanism for the protection are states reporting procedures, accusations procedures and individual complaints procedures. Among them, in the case of individual complaints by international law to protect the rights of minorities play a positive role, is not only embodied in the settlement of disputes and appeals to the protection of victims. More importantly, the significance lies in the provisions of the Convention will apply to specific cases to explain the provisions of the Convention and made it clear that the protection of minority rights standards of international law. Meanwhile, the admissibility of individual complaints perfect the practice of the appeals process itself in a certain role.