Minority Rights in Human Rights Theory. Rationale and Case Studies

Abstract

The expression national minority was incorporated into the terminology of international law during the era of the League of Nations. In any case, the categorization is not free of significant controversy and contradictions. The Venice Commission expressed the view that the focus should shift from the issue of definition to the need for the unimpeded exercise of minority rights in practice. In this context, it is essential to emphasize that the universal nature of human rights, of which minority rights are a part, does not exclude the legitimate existence of certain conditions attached to access to specific minority rights. To exemplify and further illustrate the analysis, specific reference will be made to the frozen conflicts in Nagorno-Karabakh, Abkhazia and South Ossetia. The unsuccessful integration of minorities in general, and in particular in the Caucasus region, allows us to contemplate, using case studies, a kind of non-inclusive multiculturalism, if not a new cultural absolutism, which justifies policies that sometimes bypass the most fundamental human rights. There is today a very clear and open articulation of racist ideas and separatist practices, in a way that historically is far from being new.