Preface
The present guide provides an overview of areas of
international and regional human rights jurisprudence
which have, or may have an impact on the protection of
ethno-cultural minority groups, including indigenous
peoples. It aims primarily to assess the law as it is shaped
through the recent practice of judicial and quasi-judicial
bodies, and to relate that practice to the relevant human
rights mechanisms. The guide is the result of a pro-bono
collaboration between the International Human Rights &
Group Diversity Programme at Liverpool University and
the Legal Cases Programme of Minority Rights Group
International.
As is clear from the above, the following review is not
intended to generate a comprehensive analysis of the
body of international standards and cases in the field.
Academic monographs, textbooks and articles offer a
more appropriate context for such an undertaking.
Rather, it serves the more limited, practical purpose of
identifying specific areas or themes which have been
increasingly the subject of litigation in recent years, or
which may well be considered for litigation in future,
based on a range of legal and/or institutional
4
developments at the global and regional levels. They
include: (1) non-discrimination; (2) education; (3)
political participation; (4) land rights; and (5) women’s
rights. Occasionally accounting for domestic
jurisprudence and exploring cases principally within the
United Nations, European, Inter-American and African
systems, the present assessment discusses critical
dimensions of protection, ranging from intersectional
discrimination to positive action, to elements essential to
minority identity promotion. The guide ends with a
summary of the findings derived from the analysis of the
case law and uses them to submit a set of
recommendations on how best to employ judicial or
quasi-judicial proceedings. It is to be hoped that the
overview and commentary will be of interest and benefit
to legal practitioners involved with minority issues,
international and national institutions, as well as
academics working in the area of minority protection.
As much as possible, the case law is updated as of 30
March 2010. The authors are grateful to those MRG and
external reviewers who usefully commented on an earlier
draft of this text.
MINORITY GROUPS AND LITIGATION: A REVIEW OF DEVELOPMENTS IN INTERNATIONAL AND REGIONAL JURISPRUDENCE