International Instruments

United Nations Declaration on the Rights of Minorities

This declaration requires states to protect the existence and identities of minorities. It also calls upon states to encourage the promotion of national or ethnic, cultural, religious and linguistic identities. Under Article 2(1) of this declaration, minorities shall have the right to practice their religion, enjoy their culture and use their own language in both public and private settings without any kind of discrimination.

UNCCPR General Comment No. 22: The right to freedom of thought, conscience and religion (Art. 18)

The Comment addresses the right to freedom of thought, conscience, and religion as guaranteed by Article 18 of the International Covenant on Civil and Political Rights. This right is protected equally without any priorities. Notably, the Comment construes "religion" and "belief" broadly, as Article 18 applies to theistic, non-atheistic, and atheistic beliefs. An individual must be able to replace military service with alternative service if the former is inconsistent with his or her religion or beliefs.

UN HRC. General Comment No. 24: Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant (Art. 41)

The Comment discusses the procedure by which States Parties may express reservations to the International Covenant on Civil and Political Rights. Reservations made by States Parties that are discriminatory will not be accepted. States cannot reserve the right to practice slavery, torture, the execution of pregnant women and children, or the advocacy of national, racial or religious hatred; nor may they reserve the right to restrict the rights of minorities to maintain their culture or to restrict freedom of religion.

UN HRC General Comment No. 28: Equality of rights between men and women (Art. 3)

The Comment updates the previous Comment on Article 3 (see CCPR General Comment 4: Equality between the sexes), under which States Parties are obligated to ensure enjoyment of rights without any discrimination and harmonize national legislation with the Covenant. This Comment emphasizes the obligation of States Parties to take all necessary steps in order to prohibit and prevent violations of the rights of women. It also emphasizes that religious or traditional attitudes are not a legitimate defense of such violations.

UNCCPR General Comment No. 27: Freedom of movement (Art.12)

The Comment discusses freedom of movement, which it considers to be a basic human right. It also requires States Parties to immediately remove any restrictions that impede this right. The Comment makes clear that the right of a woman to move freely and choose her residence cannot be dependent on national law, common practice, or the decision of a relative. Indeed, it states, the practice of some countries which requires women to have a male escort when leaving the country is contrary to Article 12 of the International Covenant on Civil and Political Rights.

UN HRC. General Comment No. 25: The right to participate in public affairs, voting rights and the right of equal access to public service (Art. 25)

The Comment discusses the responsibility of States Parties to ensure every citizen's rights to participate in public affairs, have access to public services, vote and be elected with no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 25 of the International Covenant on Civil and Political Rights gives people the right to determine their political status and form of government freely.

CCPR General Comment 23: Rights of Minorities

The Comment concerns the rights of minorities, who are not to be denied the right to enjoy their culture, practice their religion, or speak their own language. The Committee differentiates between the right to self-determination and the rights guaranteed in Article 27 of the International Covenant on Civil and Political Rights in order to avoid any future confusion between the two. Specifically, Article 27 guarantees rights to individuals, whereas the right to self-determination applies to groups.

CCPR General Comment 25: Right to participate in public affairs

The Comment discusses the responsibility of States Parties to ensure every citizen's rights to participate in public affairs, have access to public services, vote and be elected with no discrimination on the grounds of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Article 25 of the International Covenant on Civil and Political Rights gives people the right to determine their political status and form of government freely.

CCPR General Comment 30: Reporting Obligations of States Parties

The Comment deals with late and unsubmitted reports from States Parties, and discusses various options for dealing with this problem, including the request that relevant States Parties submit reports by a new deadline and allowing the Committee to discuss the measures taken by a State Party to implement the International Covenant on Civil and Political Rights in the absence of such a report. The Committee appoints a Special Rapporteur to address these problems.

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