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Minority rights

 

Modern concepts of public health recognize health "not merely as the absence of disease or infirmity," as defined by the World Health Organization (WHO), but "a state of complete physical, mental, and social well-being" (1978). Modern public health theory further recognizes this broad characterization of health as a fundamental human right and the attainment of the highest possible level of health as an important worldwide social goal. Thus, there is an enlightened understanding that societal factors, such as the denial of human rights, clearly affect the health status of populations.

As far back as the fourth century B.C.E., Aristotle expressed this connection among health, human rights, and treatment by society. He wrote: "If we believe men have any personal rights at all as human beings, they have an absolute right to such a measure of good health as society, and society alone, is able to give them." It is clear that a society that practices or tolerates discrimination, or that otherwise fails to respect and protect the human rights of minorities and other groups, compromises the health—the physical, mental, social, and spiritual well-being—of its citizens, especially minorities and other marginalized groups subjected to discrimination.

Despite the provisions under many countries constitutions and laws and under numerous international human rights instruments (e.g., the Universal Declaration of Human Rights, the International Covenant on Economic, Social, and Cultural Rights, Convention on the Elimination of Discrimination Against Women) aimed in large part at ensuring equal rights and protection for minorities against discrimination, health disparities exist among different populations in many countries. In the United States, for example, minorities generally have shorter life spans, and they receive less, and often inferior, medical treatment. Minorities also disproportionately lack health insurance—an important means of obtaining access to health care in the United States. The rate of uninsured African Americans is more than 50 percent higher than that of whites. Although employers provide most of the private insurance for workers and their families in the United States, African-American workers and their families are much less likely to have insurance through their employers than whites. A wide gap in income also exists, with African Americans three times more likely than whites to live in poverty.

In much of the world, women experience discrimination and resulting poor health. The global AIDS (acquired immunodeficiency syndrome) epidemic highlights the interrelationship between health and the lack of women's rights. Women and girls face human rights issues in a number of social and economic spheres that increase their risk of exposure to and inadequate care for HIV/AIDS (human immunodeficiency virus/acquired immunodeficiency syndrome), resulting in higher incidence of illness and death from the disease. According to the WHO, these include lack of control by women and girls over their own sexuality and sexual relationships, resulting in coerced sex and sex abuse; poor reproductive and sexual health; inadequate or delayed access to health care and support for women with AIDS (due to family resources being devoted to caring for the man); clinical management of the disease based on research on men; cultural practices such as genital mutilation; stronger AIDS-related stigma and discrimination against women; obstacles to educational and employment opportunities for girls and women; and other similar human rights violations. Noting the intimate relationship between autonomy in decisions relating to sexuality and economic independence, WHO concludes that unless and until the scope of human rights is fully extended to economic security, women's right to safe sexuality and protection from illness and death from AIDS will not be achieved.

For public health to ensure the health of all members of society, both as a discipline and a field of practice, it must address inequality in the provision of preventative care, in access to health care, in treatment for the ill, and in all the other health functions traditionally viewed as its mission. It also must address the underlying societal conditions and determinants of health, including discrimination in education, employment, access to income, and other areas of society, and to promote policies and interventions to create favorable societal conditions that will ensure the equal treatment of all people in all realms of society.

(SEE ALSO: Access to Health Services; African Americans; American Indians and Alaska Natives; Demography; Ethnicity and Health; Hispanic Cultures; Inequalities in Health; Social Class; Social Determinants)

Bibliography

Centers for Disease Control and Prevention. "Eliminating Racial and Ethnic Disparities." In CDCFY2000 Performance Plan-XV. Atlanta, GA: Author.

UCLA Center for Health Policy Research (2000). Racial and Ethnic Disparities in Access to Health Insurance and Health Care. Los Angeles, CA: UCLA.

World Health Organization (1978). Declaration of Alma-Ata. Geneva: Author.

—— (2000). Women and HIV/AIDS. Fact Sheet No. 247. June 2000. Available at http://www.who.int/inf-fs/en/fact247.html.

— ROSE NATHAN



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Wikipedia: Minority rights
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The term minority rights embodies two separate concepts: first, normal individual rights as applied to members of racial, ethnic, class, religious, linguistic or sexual minorities, and second, collective rights accorded to minority groups. The term may also apply simply to individual rights of anyone who is not part of a majority decision.

Civil rights movements often seek to ensure that individual rights are not denied on the basis of membership in a minority group.

There are many political bodies which also feature minority group rights. This might be seen in affirmative action quotas, or in guaranteed minority representation in a consociational state.

Contents

Minority Rights in National and International Law

The first minority rights were created by Diet of Hungary in 1849. Minority rights, as applying to ethnic, religious or linguistic minorities and indigenous peoples, are an integral part of international human rights law. Like children's rights, women's rights and refugee rights, minority rights are a legal framework designed to ensure that a specific group which is in a vulnerable, disadvantaged or marginalised position in society, is able to achieve equality and is protected from persecution. The first post-war international treaty to protect minorities, designed to protect them from the greatest threat to their existence, was the U.N. Convention on the Prevention and Punishment of the Crime of Genocide.

Subsequent human rights standards that codify minority rights include the International Covenant on Civil and Political Rights (Article 27), the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, two Council of Europe treaties (the Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages, and the OSCE Copenhagen Document of 1990.

Minority rights cover protection of existence, protection from discrimination and persecution, protection and promotion of identity, and participation in political life.

To protect minority rights, many countries have specific laws and/or commissions or ombudsman institutions (for example the Hungarian Parliamentary Commissioner for National and Ethnic Minorities Rights).[1]

While initially, the United Nations treated indigenous peoples as a sub-category of minorities, there is an expanding body of international law specifically devoted to them, in particular Convention 169 of the International Labour Organization and the UN Declaration on the Rights of Indigenous Peoples (adopted 14 September 2007).

Attempts to codify the rights of sexual minorities in international human rights law have met with strong opposition from a number of member states of the United Nations.

National Minorities in the Law of the EC/EU

The direct role of the European Union (and also the Law of the EU/EC ) in the area of protection of national minorities is still very limited (likewise the general protection of human rights). The EU has relied on general international law and a European regional system of international law (based on the Council of Europe, OSCE etc.). and in a case of necessity accepted their norms. But the “de-economisation of European integration”, which started in 1990s is changing this situation. The political relevance of national minorities´ protection is very high. Now (2009) although a protection of the national minorities has not become a generally accepted legally binding principle of the EU, in several legal acts issues of national minorities are mentioned. In external relations protection of national minorities became one of the main criteria for cooperation with the EU or accession.[2]

See also

External links

Bibliography

  • Thornberry, P. 1991. International Law and the Rights of Minorities. Oxford: Clarendon Press
  • Barzilai, G. 2003. Communities and Law: Politics and Cultures of Legal Identities. Ann Arbor: University of Michigan Press.
  • Henrard, K. 2000. Devising an Adequate System of Minority Protection: Individual Human Rights, Minority Rights, and the Right to Self-Determination. Leiden: Martinus Nijhoff Publishers
  • Jackson Preece, J. 2005. Minority Rights: Between Diversity and Community. Cambridge: Polity Press
  • Pentassuglia, G. 2002. Minorities in international law : an introductory study. Strasbourg: Council of Europe Publications
  • Daniel Šmihula: National Minorities in the Law of the EC/EU, in Romanian Journal of European Affairs, Vol. 8 no. 3, Sep. 2008, pp. 51-81[2]

References

  1. ^ Homepage of the Parliamentary Commissioner
  2. ^ Daniel Šmihula (2008). National Minorities in the Law of the EC/EU in Romanian Journal of European Affairs, Vol. 8 no. 3, Sep. 2008, pp.51-81. [1]

 
 

 

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Encyclopedia of Public Health. Encyclopedia of Public Health. Copyright © 2002 by The Gale Group, Inc. All rights reserved.  Read more
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