Group-Oriented Rights
Rights of Racial and Ethnic Minorities
  Rights of Minorities in General Affirmative Action
Constitutions
  South African Constitution §31 (Cultural, Religious, and Linguistic Communities, see also Chapter  9, §185 which establishes a Commission to promote these rights) §9(2) (Equality)
French 1958 Constitution (no provisions found) (no provision)
Canadian Charter of Rights and Freedoms §25 provides that the Charter shall not "abrogate or derogate" from any rights or freedoms of the "aboriginal peoples of Canada." These rights are recognized in §35. Permitted under §15(2).
Constitution of Argentina No explicit provision, but see Art. 75(17) (authorizing Congress to protect the cultural identity of minorities, protect the right to bilingual education, protect the ownership of community lands and related natural resources of minorities).  Added by the 1994 Amendments. Permitted under Art. 16 equality clause.
United States Constitution No provision, though collective rights of minorities as against governmental actors (not private actors) have been upheld in caselaw interpreting the 14th Amend. Equal Protection clause.  E.g., the approval of "separate but equal" segregation in Plessy v. Ferguson, 163 U.S. 537 (1896) was rejected in Brown v. Board of Ed., 347 U.S. 483 (1954).  These doctrines are quite narrow as compared to the provisions of the South African, Indian, and Argentine Constitutions. No provision. Caselaw has found that certain limited affirmative action programs do not violate the Equal Protection Clause. E.g. Bakke, 438 U.S. 265 (1978) (upholding part of a university affirmative action admissions program);  Fullilove v. Klutznick, 448 U.S. 448 (1980) (upholding a federal grant program preference for businesses owned by racial minorities).
Constitution of India See Cultural Rights.  There are the following duties of the State, which under Art. 37 cannot be enforced by the courts: Art. 46 requires the State to promote the interests of minorities; Art. 40 requires the State to promote local self-government in villages.  There are numerous other provisions for protection of minorities, including Arts. 330-42, a full analysis of which is beyond the scope of this research project. No explicit provision, but see Art. 46, cited at left.
Würzburg Key System See Keys 1357-1368 (Autochonous and Gipsy communities) (Key has not yet been developed)
International Instruments
  Universal Declaration of Human rights (no provision) (no provision)
Int’l Covenants on Civil and Political Rights (ICCPR) and on Economic, Social, & Cultural Rights (ICESCR) ICCPR Art. 27 (right of members of ethnic, religious, or linguistic minorities, in community with the other members, to enjoy their own culture, including language and religion) (no provision)

Human and Constitutional Rights Resource Page
Return to Chart Indexes