Although minorities are entitled to enjoy all fundamental human rights on an equal basis with others, and despite the specific minority rights afforded to them in the UNDM, minorities around the world continue to suffer from severe inequalities. For example, the United States Census Bureau<span class="span"><span id=hint class="box-source">reports</span><div class="popover">Source:<br><br><div>Creamer, J. et al. Poverty in the United States: 2021. United States Census Bureau, 2022.</div></div></span>that the poverty rate among Black and Hispanic people is more than double that among Whites. In the Balkans, upwards of 60% of Roma youth<span class="span"><span id=hint class="box-source">do not attend</span><div class="popover">Source:<br><br><div>Unesco. Global education monitoring report, 2021, Central and Eastern Europe, Caucasus and Central Asia: inclusion and education: all means all. 2021.</div></div></span>secondary school, while national averages are closer to 6% for this indicator. According to the World Health Organization, persons belonging to minorities<span class="span"><span id=hint class="box-source">experience inequalities</span><div class="popover">Source:<br><br><div>World Health Organization. Strengthening primary health care to tackle racial discrimination, promote intercultural services and reduce health inequities. 2022.</div></div></span>in accessing healthcare and suffer from poorer health outcomes compared to persons belonging to majority populations. Minorities face inequalities for a wide range of reasons ranging from prejudice, bias, and stereotypes, to historical factors, such as slavery and colonialism, to entrenched power structures that privilege the majority.
Minorities are disproportionately subjected to human rights violations ranging from discrimination to exclusion from political and economic life, to hate crimes, to genocide. Inequalities related to statelessness, education, economic participation, health and participation in criminal justice in particular can have a devastating effect on the well-being and livelihoods of persons belonging to minorities and on the enjoyment of their other human rights. These five specific issues were selected as they illustrate the wide range of inequalities faced by minorities, which affect the enjoyment of their civil, political, economic, social, and cultural rights.
Statelessness
According to the United Nations High Commissioner for Refugees (UNHCR), more than 75% of the world’s known stateless populations<span class="span"><span id=hint class="box-source">belong</span><div class="popover">Source:<br><br><div>United Nations High Commissioner for Refugees. “This is our home”: Stateless minorities and their search for citizenship. 2017.</div></div></span>to minorities. Examples of stateless minority groups include Russian speakers in Latvia who were denied citizenship after the fall of the Soviet Union, Roma people in North Macedonia, and the Karana, a predominantly Muslim minority in Madagascar.
<h6 class="textbox" font-size:14px>According to the 1954 Convention relating to the Status of Stateless Persons, a stateless person is “a person who is not considered as a national by any State under the operation of its law”.</h6>
Statelessness affecting minorities can be the result of deliberate targeting of certain ethnic, religious, or linguistic groups, or based on discriminatory policies and practices that disproportionately affect such groups. In either case, the denial of citizenship to minorities severely limits their opportunity to effectively and meaningfully participate in public life, and to fully realize their human rights.
Furthermore, the denial of citizenship represents a vicious cycle, as minorities are often denied citizenship due to discriminatory laws and practices, while their lack of citizenship can result in further discrimination, exclusion, and inequality. The denial of citizenship and lack of official documentation impacts the enjoyment of a wide range of other human rights.
Stateless persons generally face difficulties in accessing public health and social assistance services, education, and employment opportunities, and may not be able to own property or secure housing, take out loans, or travel abroad. As a result, stateless persons face financial insecurity, which can expose them to exploitation and poverty. Stateless persons<span class="span"><span id=hint class="box-source">may also be subjected</span><div class="popover">Source:<br><br><div>United Nations High Commissioner for Refugees. “This is our home”: Stateless minorities and their search for citizenship. 2017.</div></div></span>to physical violence connected with their stateless status, as well as persecution, detention, or extortion from law enforcement officials when they are unable to produce official identification documents.
Education
The realization of the right to education is<span class="span"><span id=hint class="box-source">considered</span><div class="popover">Source:<br><br><div>Minority Rights Group International. State of the World’s Minorities and Indigenous Peoples. 2009.</div><br><br><div>—</div><div>Curtis, M. A world of discrimination: minorities, indigenous peoples and education. Minority Rights Group International, 2009.</div></div></span>a crucial right for minorities. Education represents an important means of escaping the cycle of exclusion and marginalization that minorities often find themselves in. It is a gateway to effective participation in public and economic life. Education also<span class="span"><span id=hint class="box-source">allows</span><div class="popover">Source:<br><br><div>Minority Rights Group International. State of the World’s Minorities and Indigenous Peoples. 2009.</div><br><br><div>—</div><div>United Nations. Report of the Special Rapporteur on minority issues, Fernand de Varennes: Minorities, equal participation, social and economic development and the 2030 Agenda for Sustainable Development. 2021.</div></div></span>minorities to transmit their languages, cultures, and histories, thereby preserving their identity and existence as distinct groups.
Nonetheless, persons belonging to minorities face discrimination and stigma when accessing educational opportunities and are often only provided with poor-quality education. Such inequalities are backed up by<span class="span"><span id=hint class="box-source">data</span><div class="popover">Source:<br><br><div>Curtis, M. A world of discrimination: minorities, indigenous peoples and education. Minority Rights Group International, 2009.</div></div></span>: of the 101 million children out of school, and the approximately 776 million illiterate adults, the majority belong to ethnic, religious, and linguistic minorities. The former UN Special Rapporteur on the right to education, Katarina Tomasevski, developed the “four As” framework, by which education must be available (free and government-funded), accessible (non-discriminatory and accessible to all), acceptable (culturally appropriate and good-quality), and adaptable (evolving with society). Nevertheless, education for minorities often<span class="span"><span id=hint class="box-source">does not meet</span><div class="popover">Source:<br><br><div>Curtis, M. A world of discrimination: minorities, indigenous peoples and education. Minority Rights Group International, 2009.</div></div></span>this criteria. Minority children have reduced or lack access to schooling due to discriminatory national laws or policies, poverty, and a lack of or inadequate educational institutions in the areas in which they live. When schooling is available, the language of instruction is often the majority language, rather than the mother tongues of persons belonging to minorities. Minority children may face discrimination or abuse from fellow students or even teachers. Meanwhile, educational institutions for minorities are often underfunded and overcrowded, and lack the necessary teaching materials, facilities, and qualified teachers. Such inequalities in education in relation to minorities perpetuate the cycle of poverty and exclusion faced by minorities and hinder their effective participation in public and economic life.
The case of Romania, a state that provides relatively strong support for minority language education, primarily Hungarian, demonstrates how inequalities within education for minorities can lead to poorer outcomes for minority students. Romanian law<span class="span"><span id=hint class="box-source">recognizes</span><div class="popover">Source:<br><br><div>Constantin, S. Linguistic policy and national minorities in Romania. Noves SL. Revista de Sociolingüística, 2004.</div></div></span>the right of minority language education at all levels, encourages the formation of separate minority schools, and provides minorities with some control over the educational process. At the same time, data shows that the qualification of teaching faculty in Hungarian schools is lower than the national average. Moreover, the quality of infrastructure was found to be lower in Hungarian classrooms, which are generally more poorly equipped with teaching equipment and modern technologies. Hungarian students also had a<span class="span"><span id=hint class="box-source">lower success rate</span><div class="popover">Source:<br><br><div>Statement of Tamas Kiss, Romanian Institute for Research on National Minorities, United Nations Forum on Minority Issues, 12th Session, Geneva, Switzerland, 27-29 November 2019.</div></div></span>on official examinations (54% compared to the national average of 63%), which leads to the fact that they are underrepresented in institutions of higher education.
Economic participation
According to Article 2 of the<span class="span"><span id=hint class="box-source">UNDM</span><div class="popover">Source:<br><br><div>United Nations General Assembly. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. 1992.</div></div></span>, “persons belonging to minorities have the right to participate effectively […] in economic […] life.” Nevertheless, minorities often face exclusion in economic life due to inequalities stemming from statelessness and a lack of educational opportunities, as mentioned above, as well as to a variety of other factors, such as stigma, discrimination, and exclusionary laws and practices.
<h6 class="textbox" font-size:14px>Participation in economic life covers a wide range of issues, and implies that minorities should have equal and equitable access to the labor market, business, self-employment, property rights, and other related areas.</h6>
Data from countries ranging from Benin to Guatemala to Vietnam<span class="span"><span id=hint class="box-source">shows</span><div class="popover">Source:<br><br><div>Lynch, A. et al. Who is being left behind in Sub-Saharan Africa, Asia, and Latin America?. Overseas Development Institute, 2016.</div></div></span>that national or ethnic, religious, and linguistic minorities are disproportionately represented among the poorest and most economically disadvantaged groups, and are much more likely to live in poverty.
Economic inequality is manifested in a number of different ways. Discrimination against minorities in the field of employment is widespread, with many being passed over for employment opportunities on the basis of their ethnic, religious, or linguistic identity. Persons belonging to minorities are also underrepresented within public institutions, such as law enforcement agencies, judiciaries, and state ministries. Many minorities live in poor and/or remote regions of their countries, with<span class="span"><span id=hint class="box-source">limited</span><div class="popover">Source:<br><br><div>United Nations General Assembly. Note by the independent expert on minority issues, Gay McDougall, on minorities and effective participation in economic life. 2010.</div></div></span>employment and economic development opportunities. In addition, persons belonging to minorities are often excluded from decision-making on economic and development projects and initiatives that affect them. When minorities are not consulted on, given the opportunity to consent to, and provided compensation for such activities, this often<span class="span"><span id=hint class="box-source">results</span><div class="popover">Source:<br><br><div>United Nations General Assembly. Note by the independent expert on minority issues, Gay McDougall, on minorities and effective participation in economic life. 2010.</div></div></span>in the exploitation of their lands, environmental damage, forced displacement, and violence.
Inequalities related to the economic participation of minorities<span class="span"><span id=hint class="box-source">affect</span><div class="popover">Source:<br><br><div>United Nations General Assembly. Report of the Special Rapporteur on minority issues, Fernand de Varennes: Minorities, equal participation, social and economic development and the 2030 Agenda for Sustainable Development. 2021.</div></div></span>the realization of their other human rights. A lack of economic opportunities and increased poverty stemming from their economic exclusion can hamper their access to health services, education, political participation, and access to justice. Economic inequality also leaves minorities more vulnerable to exploitation, hunger, violence, and other abuses.
Health
The recent COVID-19 pandemic has brought to light the severe health-related inequalities that minority communities face around the globe. The pandemic had a wide range of disproportionate, adverse impacts on persons belonging to national or ethnic, religious, and linguistic minorities. For example, data from the United States<span class="span"><span id=hint class="box-source">shows</span><div class="popover">Source:<br><br><div>National Center for Immunization and Respiratory Diseases. COVID-19 in racial and ethnic minority groups. Centers for Disease Control and Prevention, 2020.</div></div></span>that Native American and Black persons are 5 times more likely to be hospitalized due to COVID-19, while Hispanic and Latino persons are 4 times more likely to be hospitalized. Persons belonging to minorities also suffered from higher death rates than majority communities. They faced increased poverty due to COVID-related emergency restrictions and the resulting economic downturn. Persons belonging to minorities were also the<span class="span"><span id=hint class="box-source">targets</span><div class="popover">Source:<br><br><div>United Nations Office of the High Commissioner for Human Rights. COVID-19 and Minority Rights: Overview and Promising Practices. 2020.</div></div></span>of hate speech, hate crimes, and stigma due to baseless accusations that they were “responsible” for the pandemic.
Beyond the COVID-19 pandemic, minorities are faced with acute inequalities in relation to health and are often denied the full realization of their right to health. A wide range of factors contribute to this situation. Racism, stigma, and other systemic barriers in healthcare systems and society in general often mean that minorities are left behind in public health and prevention measures. Furthermore, they may avoid seeking care or drop out of treatment due to distrust of the healthcare system and medical workers, language barriers, or culturally insensitive medical practices.
Minorities also often have<span class="span"><span id=hint class="box-source">higher rates</span><div class="popover">Source:<br><br><div>National Center for Immunization and Respiratory Diseases. COVID-19 in racial and ethnic minority groups. Centers for Disease Control and Prevention, 2020.</div></div></span>of chronic illness and other underlying medical conditions that put them at greater risk of death or other severe illnesses. The living conditions of minorities can have a negative impact on their health. Minorities often live in<span class="span"><span id=hint class="box-source">segregated areas</span><div class="popover">Source:<br><br><div>National Center for Immunization and Respiratory Diseases. COVID-19 in racial and ethnic minority groups. Centers for Disease Control and Prevention, 2020.</div></div></span>with higher levels of exposure to pollution and environmental hazards, and are over-represented among homeless populations, prisoners, and detainees, resulting in poorer health outcomes among minority groups. Finally, economic factors can also contribute to the health inequities faced by persons belonging to minorities. Lower-income and educational levels, and unemployment<span class="span"><span id=hint class="box-source">affect</span><div class="popover">Source:<br><br><div>National Center for Immunization and Respiratory Diseases. COVID-19 in racial and ethnic minority groups. Centers for Disease Control and Prevention, 2020.</div></div></span>access to and the quality of medical care for minorities.
Criminal Justice System
The Black Lives Matter movement, which originated in the United States in response to police brutality and racially motivated violence against black people, has brought the issue of inequalities in criminal justice systems to widespread international attention. National or ethnic, religious, and linguistic minorities face discrimination and inequalities within criminal justice systems for a variety of reasons ranging from widespread racism to structural failures within policing and justice systems. In the United States, for example,<span class="span"><span id=hint class="box-source">black people</span><div class="popover">Source:<br><br><div>National Association for the Advancement of Colored People. Criminal Justice Fact Sheet.</div></div></span>are 2.5 times more likely to experience the use of non-fatal force than white people, while their death rates from police violence are similarly higher. Black people are incarcerated at a rate 5 times more than white people. Despite representing only 13% of the total population, 35% of the people who have been executed in the last 40 years were black.
Although international human rights law prohibits discrimination in the justice system and imposes obligations on states to ensure that justice systems take into account the specific situations of minorities, minorities around the world face a wide range of inequalities at all stages of the criminal justice system. As the example of the United States shows, minorities are<span class="span"><span id=hint class="box-source">often subjected</span><div class="popover">Source:<br><br><div>United Nations General Assembly. Effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. 2015.</div></div></span>to discrimination at the stage of policing, including arbitrary stops and arrests, and the use of force and other ill treatment. Minorities also<span class="span"><span id=hint class="box-source">face</span><div class="popover">Source:<br><br><div>United Nations General Assembly. Effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. 2015.</div></div></span>a number of barriers to equal treatment and non-discrimination in judicial processes. They may not have the resources to hire lawyers, and are more likely to rely on free legal aid. Linguistic minorities, in particular, may be disadvantaged, as in many cases they are not able to fully understand the language of proceedings, when the use of minority languages<span class="span"><span id=hint class="box-source">is not guaranteed</span><div class="popover">Source:<br><br><div>United Nations General Assembly. Effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. 2015.</div></div></span>by legal systems. Discrimination on the part of judges, prosecutors, and juries can also influence legal proceedings in relation to minorities, and result in higher levels of incarceration, longer sentences, and other unequal treatment. When minorities are the victims of crimes, they are often<span class="span"><span id=hint class="box-source">unable</span><div class="popover">Source:<br><br><div>United Nations General Assembly. Effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. 2015.</div></div></span>to seek justice. Police may be less inclined to investigate crimes against minorities, or minorities themselves may be reluctant to report crimes due to a fear of discrimination and revictimization by law enforcement officials. Such factors can<span class="span"><span id=hint class="box-source">further contribute</span><div class="popover">Source:<br><br><div>United Nations General Assembly. Effective promotion of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. 2015.</div></div></span>to the inequalities faced by minorities in everyday life, as they are more vulnerable to discrimination, violence, and other mistreatment, particularly when such human rights violations are met with impunity.