role in safeguarding minorities and
marginalised communities
How does judiciary to play important
Answers
Answer:Minorities are all national cultural, ethnic, religious and linguistic minorities whose minority status has been recognised by national legislation or by internationally binding declarations as well as minorities that define and organise themselves as such[1].
Minority rights are based on the recognition that minorities are in a vulnerable situation in comparison to other groups in society, namely the majority population, and aim to protect members of a minority group from discrimination, assimilation, prosecution, hostility or violence, as a consequence of their status[2]. It should be highlighted that minority rights do not constitute privileges, but act to ensure equal respect for members of different communities. These rights serve to accommodate vulnerable groups and to bring all members of society to a minimum level of equality in the exercise of their human and fundamental rights.
European history has shown that the protection of national minorities is essential to stability, democratic security and peace in this continent. Pluralist and genuinely democratic society should not only respect the ethnic, cultural, linguistic and religious identity of each person belonging to a national minority, but also create appropriate conditions enabling them to express, preserve and develop this identity. Creation of a climate of tolerance and dialogue is necessary to enable cultural diversity to be a source and a factor, not of division, but of enrichment for each society[3].
Minorities require special measures to ensure that they benefit from the same rights as the rest of the population. Hence, minority rights serve to bring all members of society to a balanced enjoyment of their human rights. In other words, their aim is to ensure that persons belonging to a national minority enjoy effective equality with those persons belonging to the majority. In this context, the promotion of equal opportunities at all levels for people belonging to a national minority is particularly important, since it empowers communities and promotes the exercise of individual freedoms.
Central to the rights of minorities are the promotion and protection of their identity. Promoting and protecting their identity prevents forced assimilation and the loss of cultures, religions and languages—the basis of the richness of the world and therefore part of its heritage. Non-assimilation requires diversity and plural identities to be not only tolerated but protected and respected. Minority rights are about ensuring respect for distinctive identities while ensuring that any differential treatment towards groups or persons belonging to such groups does not mask discriminatory practices and policies. Therefore, positive action is required to respect cultural, religious and linguistic diversity, and acknowledge that minorities enrich society through this diversity[4].
The participation of persons belonging to minorities in public affairs and in all aspects of the political, economic, social and cultural life of the country where they live is in fact essential to preserving their identity and combating social exclusion. Mechanisms are required to ensure that the diversity of society with regard to minority groups is reflected in public institutions, such as national parliaments, the civil service sector, including the police and the judiciary, and that persons belonging to minorities are adequately represented, consulted and have a voice in decisions which affect them or the territories and regions in which they live. Participation must be meaningful and not merely symbolic, and recognize, for instance, that minorities are commonly underrepresented and that their concerns may not be adequately addressed. The participation of women belonging to minorities is of particular concern.
The protection of minority rights is an exercise of tolerance and intercultural dialogue. By encouraging mutual respect and understanding, the different groups that comprise a society should be able to engage and cooperate with one another, while preserving their own identity[5]. The basic elements required for the realisation of this goal are to promote knowledge of minorities’ culture, history, language and religion in an intercultural perspective. In other words, the protection of minority rights can promote an inclusive, peaceful and cohesive society, with respect for diversity.
Inter-ethnic tensions, divisions and exclusion that remain unaddressed can easily become a source of instability and conflict. Dealing efficiently with minority-majority relations in the aftermath of ethnic conflict is central to achieving a durable peace. In this regard, the protection of national minorities is not only fundamental to enhance social cohesion in diverse societies, but also essential to achieve democratic security, sustainable development and peace in a context of instability.
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