Discussed at World Human Rights Day Commemoration

Minorities in the International Human Rights Framework

At a World Human Rights Day event, Dr. Ahmad Kazemi, Head of the Research Center for Minority Rights, stated that Iran is a single historical nation and that describing Iranian ethnic groups as “ethnic minorities” is unjust. Referring to religious minorities, he cited their parliamentary representation as an example of positive discrimination, while noting that certain issues, including inheritance and retribution (qisas), remain unresolved.

The meeting was held at Shahid Beheshti University’s Center for Research and UNESCO Chair of Human Rights, Peace, and Democracy, in cooperation with the Faculty of Law’s Human Rights and Environment Group. Dr. Kazemi reviewed the evolution of minority rights in the international human rights system and emphasized that there is still no universally accepted legal definition of “minority.” He described the 1992 UN Declaration as a key milestone that expanded minority rights from three traditional rights to ten fundamental ones.

Tracing the history of minority rights from the 1555 Peace of Augsburg to the post–World War I League of Nations, he noted that major developments occurred under the UN Charter. He added that although the Charter does not explicitly use the term “minority,” protection mechanisms were introduced from 1947 onward, culminating in the 1966 International Covenant on Civil and Political Rights, which addressed minority rights through a restrictive approach.

Kazemi identified the adoption of the 1992 Declaration on the Rights of Persons Belonging to National, Religious, Ethnic, and Linguistic Minorities as the most pivotal development in this area, noting that it fundamentally reshaped the understanding of minorities and significantly expanded their rights. He explained that minority rights have grown from three traditional categories to ten core rights, including the right to existence, collective identity, religious, linguistic, cultural, and economic rights, effective participation, and self-determination understood as political participation.

Referring to the role of the UN Special Rapporteur on minority issues, he cautioned that exploiting minorities as tools in regional conflicts constitutes a clear violation of human rights.

Status of Religious Minorities in Iran

In the concluding section of his remarks, Dr. Kazemi discussed the situation of religious minorities in Iran, stating that Articles 13 and 19 of the Constitution guarantee them various rights, particularly in political participation and the practice of religious rituals. He also pointed to unresolved issues, including inheritance, retribution (qisas), and the use of certain problematic terms in the Islamic Penal Code.

He reiterated that Iran, as a single historical nation, does not have ethnic minorities in the European sense, arguing that applying this label to Iranian ethnic groups amounts to a “historical injustice.” He added that members of religious minorities have repeatedly emphasized that they should not be called minorities, stressing that all Iranians have played a role in shaping Iran’s ancient civilization.

He concluded by noting that minority rights are an important dimension of human rights, yet despite their apparent simplicity, the concept remains complex, as international human rights law still lacks a universally accepted legal definition of “minority.”

When assessing minority rights within the international human rights system, the focus is largely on developments after World War II and during the era of the United Nations Charter. Although the issue has earlier roots—from the 1555 Peace of Augsburg to the League of Nations treaties following World War I—the most consequential changes occurred under the UN framework.

These changes can be examined in three areas: institutional mechanisms, the expansion of the concept of minorities, and the development of minority rights. While the UN Charter does not explicitly use the term “minority,” reflecting its individual-centered approach, protective mechanisms were established early on, including the Sub-Commission on the Prevention of Discrimination and the Protection of Minorities in 1947.

Minority rights formally entered international law with the 1966 International Covenant on Civil and Political Rights, which adopted a restrictive approach by obliging states not to infringe on minorities’ rights to language, culture, and religion.

A major turning point came in 1992 with the adoption of the UN Declaration on the Rights of Persons Belonging to National, Religious, Ethnic, and Linguistic Minorities. The declaration strengthened protection mechanisms and led to the creation of the Working Group on Minorities, later renamed the Minority Forum. It also broadened the understanding of minorities—adding national minorities—and expanded their rights from three traditional categories to ten fundamental rights, including existence, collective identity, cultural and economic rights, effective participation, and self-determination in the sense of political participation.

The 1992 Declaration, along with its detailed 2005 follow-up document, marked a significant advancement in the legal framework for minority rights. In 2005, the UN Human Rights Council established the position of Expert on Minority Issues, which was later elevated to Special Rapporteur on Minority Issues in 2014. This development was largely a response to post-Soviet conflicts, many of which were rooted in minority issues. The preamble of the 1992 Declaration also highlights the importance of respecting multiculturalism and cultural diversity as a foundation for lasting peace.

In today’s international human rights system, multiple doctrines address minority rights. While no single definition is universally accepted, international documents outline both objective and subjective criteria for identifying minorities. Objective criteria include small population size, distinct religious, linguistic, national, or ethnic characteristics, and lack of dominance. Subjective criteria involve a sense of solidarity, potential exposure to discrimination, and voluntary identification as a minority. Loyalty to the broader national community is also emphasized as an important factor.

Dr. Kazemi pointed out that at UN Minority Forum meetings, some groups participate with separatist agendas or challenge national sovereignty—positions not recognized under international law. He stressed that while states have responsibilities toward minorities, these groups must meet the established objective and subjective criteria to be eligible for protection.

He further warned that using minorities as instruments in Middle Eastern conflicts—pitting one minority against another—constitutes a serious violation of human rights.

In his closing remarks, Kazemi discussed the situation of religious minorities in Iran, highlighting that the Constitution guarantees them rights such as political participation and practicing their faith. He noted their parliamentary representation as an example of positive discrimination, while issues like inheritance, retribution (qisas), and certain terms in the Islamic Penal Code remain unresolved.

He stressed that Iran, with its 7,000-year history, is a single historical nation, and unlike Europe, does not have ethnic minorities in the conventional sense. Labeling Iranian groups as such constitutes an injustice. Historically, these groups have been identified by geographic names—Kermani, Sistani, Shirazi, or Tabrizi—rather than as ethnic minorities, and national documents emphasize equal rights for all citizens, regardless of ethnicity, gender, or belief.

The session took place on Monday, 17 Azar 1404, under the academic chairmanship of Dr. Mehdi Sabouripour, Head of the UNESCO Chair and Research Center for Human Rights, Peace, and Democracy, with participation from scholars including Dr. Mozhgan Amrollahibiyouki, Dr. Reza Islami, Dr. Yasaman Khajehnouri, Dr. Asadollah Yavari, and Dr. Hadi Kiadaliri.

 

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February 12, 2026