Who Is a Minority in Law
In addition, it was argued that the application of subjective criteria, such as the desire of the members of the groups in question to preserve their own characteristics and the desire of the persons concerned to be regarded as part of that group, in conjunction with certain specific objective requirements, such as those listed in the capotati definition, should be taken into account. It is now generally accepted that the recognition of minority status is not solely a matter for the State, but should be based on both objective and subjective criteria. The term minority has the following different meanings in the law A minor is a person under the age of 18. The minority period is calculated from the first minute of the day of the person`s birth until the same minute of the corresponding day on which the minority period ends. [ Code Cal Fam § 6500] The United Nations Declaration on Minorities, adopted by consensus in 1992, refers to minorities in article 1 as being based on national or ethnic, cultural, religious and linguistic identity and provides that States must protect their existence. There is no internationally accepted definition of minority groups. It is often stressed that the existence of a minority is a question of fact and that any definition must include both objective factors (such as the existence of a common ethnicity, language or religion) and subjective factors (including the fact that individuals must identify as members of a minority). The question often arises as to whether, for example, persons with disabilities, persons belonging to certain political groups or persons with a certain sexual orientation or identity (lesbian, gay, bisexual, transsexual or intersex) constitute minorities. Although the United Nations Declaration on Minorities is devoted to national, ethnic, religious and linguistic minorities, it is also important to combat multiple discrimination and to address situations in which a person belonging to a national or ethnic, religious and linguistic minority is also discriminated against on other grounds such as sex, disability or sexual orientation. It is also important to remember that, in many countries, minorities are often among the most marginalized groups in society, for example, severely affected by pandemic diseases such as HIV/AIDS and generally have limited access to health services. According to a 1977 definition by Francesco Capotorti, Special Rapporteur of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities, a minority is a minority: a group numerically inferior to the rest of the population of a State, in a non-dominant position, whose members – who are nationals of the State – have ethnic characteristics, religious or linguistic, which are different from those of the rest of the population and which have the following elements: even if only implicitly, a sense of solidarity aimed at preserving their culture, traditions, religion or language.1/ The term minority, as used in the United Nations human rights system, generally refers to national or ethnic minorities, in accordance with the United Nations Declaration on Minorities. religious and linguistic minorities. All States have one or more minority groups on their territory, which are characterized by their own national, ethnic, linguistic or religious identity, which is different from that of the majority population.
While the nationality criterion contained in the above definition has often been questioned, the requirement to be in a non-dominant position remains important. In most cases, a minority group will be a numerical minority, but in other cases, a numerical majority may also be in a minority or non-dominant position, such as blacks under the apartheid regime in South Africa. In some situations, a group that constitutes the majority in a State as a whole may occupy a non-dominant position in a specific region of the State concerned. A minor is generally defined as a person who is not yet of legal age. In most states, a person reaches the age of majority and acquires all the rights and obligations of an adult when he or she reaches the age of 18. Example of state laws (California) that define minority The difficulty in arriving at a generally acceptable definition lies in the variety of situations in which minorities live. Some live together in well-defined areas, separated from the dominant part of the population. Others are scattered throughout the country. Some minorities have a strong sense of collective identity and recorded history; others retain only a fragmented idea of their common heritage. California Family Code § 6500 defines minors as follows: Source: Minority Rights: International Standards and Guidelines for Implementation (HR/PUB/10/3) The Condition or Condition of a Minor; childhood. In another sense, it means the smallest number of votes in a consultative assembly; Against the majority.
. A person under the age of majority, usually 21 or 18 years of age, in a state of childhood; one who has not yet reached the age of an adult. The terms major and minor are used in particular in civil law. Common law terms are adults and infants. .
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