Equal Rights versus Special Rights? Minority Protection and the Prohibition of Discrimination
Summary
Author: Kristin Henrard
Thematic report by the European network of legal experts in the non-discrimination field
Description
Equal Rights versus Special Rights? Minority Protection and the Prohibition of Discrimination.
In regard to minorities and the adequate treatment of persons belonging to minorities, a central issue has been whether this would require ‘equal’ rights or ‘special’ rights. The resulting, central question seems to be whether one needs in addition to the prohibition of discrimination, also ‘special’ minority rights, which requires an assessment of the extent to which the prohibition of discrimination caters for the specific needs of minorities and contributes to an adequate minority protection.
This report consists of five chapters, resulting finally in the formulation of conclusions. In the first chapter the theoretical framework about minority protection within which the central question needs to be addressed, is mapped out. After an identification of the relevant (interpretation) issues in the Racial Equality Directive (chapter 2), it is investigated whether guidance can be deduced from the supervisory practice in terms of other international equality provisions (chapter 3), as well as from certain approaches adopted by EU member states (chapter 4). Chapter 5 will provide an overall assessment of the potential of the Racial Equality Directive’s contribution to minority protection, in relation to the practice under the Framework Convention for the Protection of National Minorities (FCNM).
The report is produced under the authority of The European Network of Independent Legal Experts in the Non-discrimination Field and published by the European Commission.
Downloadable Files:
- Equal Rights versus Special Rights? Minority Protection and the Prohibition of Discrimination – English (1.2 MB)
- Equal Rights versus Special Rights? Minority Protection and the Prohibition of Discrimination – French (769.2 KB)
- Equal Rights versus Special Rights? Minority Protection and the Prohibition of Discrimination – German (764.3 KB)
