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The Protection of Minorities Through the Equality Provisions in the UN Human Rights Treaties: The UN Treaty Bodies

Explores the equality principle as one of the basic principles of human rights. An overview of the link between equality & minority protection is followed by a description of the most relevant international law norms on equality. Non-discrimination norms are related to the right to identity of m...

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Bibliographic Details
Published in:International journal on minority and group rights 2007-01, Vol.14 (2-3), p.141-180
Main Author: Henrard, Kristin
Format: Article
Language:English
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Summary:Explores the equality principle as one of the basic principles of human rights. An overview of the link between equality & minority protection is followed by a description of the most relevant international law norms on equality. Non-discrimination norms are related to the right to identity of minorities & substantive equality in order to show how they can contribute to minority protection. Attention is given to the text of three UN conventions: the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil & Political Rights, & the International Covenant on Economic, Social, & Cultural Rights. Treaty bodies established to oversee their implementation are also examined. The analysis indicates that interpretations of the prohibition of discrimination immortalized in these conventions have contributed significantly to minority protection by the advancement of both substantive equality & the right to identity of minorities. However, the actual extent of indirect discrimination often depends on the degree of scrutiny adopted. Prospects related to the ongoing reform of the UN treaty body are discussed. J. Lindroth
ISSN:1385-4879
1571-8115
DOI:10.1163/138548707X208791