The Vulnerability and Protection of Minority Rights in a Globalized World: A Communitarian Critique

Fayaz, Muhammad

doi:10.22096/hr.2023.548418.1434

The Vulnerability and Protection of Minority Rights in a Globalized World: A Communitarian Critique

Document Type : Review Article

Author

Muhammad Fayaz

Assistant Professor, Department of Law, Bahria University, Islamabad, Pakistan

10.22096/hr.2023.548418.1434

Abstract

The protection of minority rights is a formidable challenge confronted with International Law. There are minorities almost within every state. They face discrimination everywhere. International Human Rights Law strives to protect these rights under a category called – Civil and Cultural Rights. This paper argues that the current apparatus of International Human Rights Law is insufficient to effectively protect minority rights, and emphasis to seek for alternative arrangements to help address the challenge in. The paper critiques statist attitudes and contributing to communitarian critique to help protect the rights of the minority. Communitarian critique research methodology is deployed to identify and critique various obstacles and legal provisions in the way of the protection of minority rights. These are: the lack of a definition of minority, its divergent interpretations, the nature of minority rights, a feeble enforcement mechanism, and securitization of the minority rights. Relevant International and Regional Human Rights Law instruments are closely examined in this critique. This research finds that the current arrangement for the protection of minorities is aspirational and symbolic. There is a dire need to come up with a universal binding treaty ensuring firmly the protection of minority rights worldwide. The most striking feature of the treaty would be to establish a specialized court hearing cases related to the protection of minority rights around the globe.

Keywords

Minority Rights

Communitarianism

Statistism

Multiculturalism

Communitarian Critique

Subjects

Human Rights

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