A Theoretical Framework on Minority Rights under International Law: Regional Protection & Modern Initiatives

Author(s): Md. Mahfuzur Rahman

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Published: 2021-10-22

Abstract: Rising incidents of oppression on the minority group is an increasing concern all around the world. State practice has been inconsistent and incoherent so far as protection of minority rights is concerned. Some States have adopted generous policies not only in recognising the existence of minorities but also in protecting their cultural and linguistic identity. International law has historically found it difficult to provide firm guidelines in defining 'minorities'. However this paper has offered a theoretical framework for defining the concept of ‘minority’ and here a comprehensive analysis has been shown on the substantive rights of the minorities which includes their right to life and physical existence, right to religious, cultural and linguistic autonomy etc. In this analysis it is seen that The Genocide Convention has not come into operation and a number of States have not adopted any specific measures and large scale violation of human rights highlights the need for a permanent international criminal court. This study focuses on the modern initiatives in International Law and regional protection of minority rights. Recognition and authorisation of such rights form an essential element of the concept of autonomy and the role of Working Group on Minorities to eradicate some of the criticisms regarding the weaknesses existent in the practical realisation and implementation of the Declaration. This study also shows some instances of violation of minority rights due to lack of balance between international law and domestic laws of Bangladesh which firmly put emphasis on to acknowledge the international commitments by the states.



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