Economic Social And Cultural Rights A Guide For Minorities And Indigenous Peoples

In recent years, increased attention has been given to economic, social and cultural (ESC) rights internationally and, to a certain degree, domestically. However not enough has been done to consider fully and systematically the economic, social and cultural rights of minorities and indigenous peoples. This guide aims to bridge this gap. It provides an overview of ESC rights and how these can be applied to minorities and indigenous peoples. Aimed at minority and indigenous activists and those working with them, each chapter has been written by an expert on a particular right, who provides practical information and advice about the best ways to advocate for securing ESC rights. The chapters cover the rights to food and water, housing, health, education, labour and culture and describe the legal standards, enforcement mechanisms, and guidelines for successful civil society advocacy.

In recent years, increased attention has been given to economic, social and cultural (ESC) rights internationally and, to a certain degree, domestically. However not enough has been done to consider fully and systematically the economic, social and cultural rights of minorities and indigenous peoples. This guide aims to bridge this gap. It provides an overview of ESC rights and how these can be applied to minorities and indigenous peoples. Aimed at minority and indigenous activists and those working with them, each chapter has been written by an expert on a particular right, who provides practical information and advice about the best ways to advocate for securing ESC rights. The chapters cover the rights to food and water, housing, health, education, labour and culture and describe the legal standards, enforcement mechanisms, and guidelines for successful civil society advocacy.

The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.

This study of the rights of indigenous peoples looks at the historical, cultural, and legal background to the position of indigenous peoples in a range of different cultures, including America, Africa and Australia. It defines who and what indigenous peoples actually are, and looks at their position in the light of the development of international law. The study the looks at their legal position, and their economic, social and cultural rights in respect of various laws and conventions passed on a national and international scale throughout the world. It considers the International Covenant on Civil and Political Rights, the UN Convention on the Rights of the Child, the Racial Discrimination Convention, the African Charter on Human and Peoples Rights, the UN Draft Declaration in Indigenous Peoples and the Proposed American Declaration on the Rights of Indigenous Peoples. There is discussion on how the development of human rights legislation and principles as a central tenet of international law has been of considerable benefit to indigenous peoples.

"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.

The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.

Minority Rights Group International (MRG) is a non-governmental organisation (NGO) working to secure the rights of ethnic, religious and linguistic minorities and indigenous peoples worldwide, and to promote cooperation and understanding between communities.

The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.