Exploring the concepts of minority and minority language in International Human Rights Law.

Abstract

International human rights law does not currently define a minority. For instance, the International Covenant on Civil and Political Rights protects minority rights in article 27 without defining the term minority. The Human Rights Committee did not define the term in the Diergaardt case.2. Nor did the African Commission define the term ‘minority’ in Malawi African Association and Others v Mauritania.3 The term minority was not even defined by the Kenyan High Court in IL Chamus v The Attorney General and Others.4Yet various human rights instruments protect minorities.Beyond definition, a number of groups have alleged that they are minorities and deserve protection under international human rights law. This article seeks to explore the concepts of minority and minority language in international law and unpack who can be protected under the banner ‘minority.’