Equal Rights Versus Special Rights: Minority Protection and the Prohibition of Discrimination

EQUAL RIGHTS VERSUS SPECIAL RIGHTS: MINORITY PROTECTION AND THE PROHIBITION OF DISCRIMINATION, European Commission, Brussels, 2007

76 Pages Posted: 15 Dec 2011

Date Written: December 15, 2011

Abstract

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).

Suggested Citation

Henrard, Kristin A. M., Equal Rights Versus Special Rights: Minority Protection and the Prohibition of Discrimination (December 15, 2011). EQUAL RIGHTS VERSUS SPECIAL RIGHTS: MINORITY PROTECTION AND THE PROHIBITION OF DISCRIMINATION, European Commission, Brussels, 2007, Available at SSRN: https://ssrn.com/abstract=1972973

Kristin A. M. Henrard (Contact Author)

Erasmus School of Law ( email )

Burgemeester Oudlaan 100
Rotterdam, 3000 DR
Netherlands
0031104081806 (Phone)

HOME PAGE: http://www.frg.eur.nl/english/

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