THE RIGHTS AND DUTIES OF MINORITIES Various treaties guaranteed to racial, linguistic or religious minorities certain rights, which may be grouped under the follow ing headings; (a) a number of general rights more or less com mon to all minorities in countries which have accepted the sys tem of the protection of minorities by the League; (b) certain special rights guaranteed to minorities situated in more or less exceptional circumstances.
into force of the treaty', and (b) by the fact that a person was born in the territory of parents habitually resident there, even though at the date of the coming into force of the treaty the persons concerned were not themselves habitually resident in the territory'.
The various treaties also lay down that all persons born in the territory of one of these States and not born nationals of another State shall ipso facto become nationals of such State.
Finally, the minorities treaties contain certain provisions with regard to the right of option. Persons over 18 years of age who, as a result of territorial changes and the operation of provisions regarding nationality, became nationals of one of the new or territorially enlarged States, were allowed to opt for any other nationality which was open to them. The period fixed in the minorities and peace treaties for the exercise of this right of option was two years as from the date of the coming into force of these treaties. Persons who exercised this right were, within the succeeding twelve months after option, to leave the territory of the State whose nationality they had lost. The treaties author ized them to retain their immovable property in the territory of the State which they had left and to carry with them their mov able property of every description, no export duties being im posed upon them in connection with the removal of such property. The minorities treaties contain a special clause under which the States concerned undertake to place no hindrance of any sort in the way of exercise of this right of option.
Life, Personal Liberty and Freedom of Worship.—Under the minorities treaties, the various States undertake to assure to all their inhabitants full and complete protection of life and liberty ; they recognize that their inhabitants shall be entitled to the free exercise, whether public or private, of any creed, religion or belief whose practices are not inconsistent with public order or public morals.
These rights therefore have been established not merely on behalf of citizens belonging to a minority, but for the benefit of all the inhabitants of the country. Nevertheless, as will be ex plained later, the League's guarantee applies only in the case of persons belonging to racial, linguistic or religious minorities.
In the arguments in support of its Advisory Opinion No. 6 with regard to the question of settlers of German origin in Poland, the Permanent Court of International Justice interpreted these provisions on equality as follows : "The facts that no racial dis crimination appears in the text of the law of July 24, 192o, and that in a few instances the law applies to non-German Polish nationals who took over property as purchasers from original holders of German race, make no substantial difference. . . . There must be equality in fact as well as ostensible legal equality in the sense of the absence of discrimination in the words of the law." The treaties also lay down that differences of race, language or religion shall not prejudice any national of the country in the matter of admission to public employments, functions and honours or the exercise of professions and industries; that nationals be longing to minorities shall have an equal right to establish, manage and control at their own expense charitable, religious and social institutions, schools and other educational establish 'In the case of Poland, the Serb-Croat-Slovene Kingdom and Czechoslovakia, this provision must be interpreted in conjunction with certain provisions of the Treaties of Versailles (article 91, § 2), of St. Germain (article 76), and Trianon (article 62), according to which persons who established their place of residence or acquired rights of citizenship in various circumstances subsequent to a certain date (Jan.