Chapter

Minority Rights: Discrepancies and Divergencies Between the International Covenant and the Council of Europe System

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print August 2009 | ISBN: 9780198262350
Published online March 2012 | e-ISBN: 9780191682322 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198262350.003.0036
Minority Rights: Discrepancies and Divergencies Between the International Covenant and the Council of Europe System

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The United Nations (UN) International Covenant on Civil and Political Rights guarantees for those under the jurisdiction of the ratifying parties a wide range of human rights. Among the many rights provided for are three distinct but related rights — the right of self-determination, the right of non-discrimination, and the rights of minorities. This chapter argues that there is an increasing, and disturbing, tendency to confuse the three, to the detriment of those whom the Covenant was intended to protect. It also discusses the UN adoption of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, or Linguistic Minorities. Proposals circulating around the governments of Europe for a new legal instrument on minorities are considered.

Keywords: United Nations; rights; human rights; minority rights; minorities; Europe; self-determination; non-discrimination

Chapter.  6240 words. 

Subjects: Public International Law

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