The Recognition of Minority Rights in International Law: A Historical Review

Abstract

This study examines the history of minority rights in international law. It begins with the early recognition of minority rights, including the Treaty of Westphalia and the Congress of Vienna, and the emergence of the concept of national minorities in Europe. The article examines minority rights in Europe during the Congress of Berlin and the interwar activities of the League of Nations. Post-World War II developments are explored, with a focus on UN minority recognition. The article also emphasises the role of international human rights legislation in protecting minority rights through treaties like the ICCPR and CRC. It also examines the regional human rights protection mechanisms in Europe, America, Africa, and the Arab region. The paper sheds light on modern minority rights issues like self-determination, cultural rights, political representation, equality, non-discrimination, etc. At the same time, the article also identifies sovereignty, globalisation, terrorism, and nationalist and populist movements as barriers to the process of recognising and protecting minority rights. The conclusion summarises the findings and guides future studies, highlighting the need to maintain and enhance minority rights globally while balancing complex and competing interests.