Definition of Minority in International Human Rights Documents

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KAZEMI AHMAD; Kafaeifar Mohammad Ali

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Journal: Journal of National Studies Year:2021 | Volume:21 | Issue:4 (84) Page(s): 25-46

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Information Journal Paper

Title

Definition of Minority in International Human Rights Documents

Author(s)

KAZEMI AHMAD | Kafaeifar Mohammad Ali | Issue Writer Certificate

Keywords

MinorityQ2

International Human Rights DocumentsQ1

Material and Mental ElementsQ1

Legal HermeneuticsQ1

Reverse MinorityQ1

Abstract

Minority is one of the legal terms used in international human rights instruments. But due to disagreements, it has not been defined. This article uses a descriptive-analytical method with the aim of inferring the definition of Minority in international documents. The main question is what does the Minority mean in international human rights instruments? In answer to this question, the article uses legal hermeneutic theories to enumerate the Material and Mental Elements of the Minority in international documents, especially the 1992 Declaration of Minorities. The results suggest that despite the lack of a definition of a Minority, the authors of the documents have intelligently emphasized the Material and Mental Elements of the Minority. Material elements include: the four customary elements (religion, ethnicity, language, and national origin); little number; not being in power and Individualism. Mental elements include: a sense of difference, a voluntary recognition of Minority affiliation, exposed to discrimination, a desire to maintain distinctive characteristics, a collective will, a sense of solidarity, a sense of egalitarian integration, and a sense of loyalty. They also reaffirmed the impact of citizenship and the history of residence on Minority rights. The article's innovation is that it uses these elements to deduce the legal definition of a Minority in international human rights instruments. The findings also indicate that the provisions of the Iranian constitution include the rights enshrined in international human rights instruments. The condition for enjoying the rights of minorities is to have loyalty to the country, observance of national laws and territorial integrity.

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APA: Copy

KAZEMI, AHMAD, & Kafaeifar, Mohammad Ali. (2021). Definition of Minority in International Human Rights Documents. NATIONAL STUDIES, 21(4 (84) ), 25-46. SID. https://sid.ir/paper/363714/en

Vancouver: Copy

KAZEMI AHMAD, Kafaeifar Mohammad Ali. Definition of Minority in International Human Rights Documents. NATIONAL STUDIES[Internet]. 2021;21(4 (84) ):25-46. Available from: https://sid.ir/paper/363714/en

IEEE: Copy

AHMAD KAZEMI, and Mohammad Ali Kafaeifar, “Definition of Minority in International Human Rights Documents,” NATIONAL STUDIES, vol. 21, no. 4 (84) , pp. 25–46, 2021, [Online]. Available: https://sid.ir/paper/363714/en

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