LA TUTELA JURÍDICA DE LAS MINORÍAS LINGÜÍSTICAS: LA EXPERIENCIA EUROPEA

Authors

  • GIUSEPPE CATALDI

Keywords:

Protection of linguistic minorities, Indigenous People, International migrations, National minority, Ethic and Racial Discrimination, Discrimination against the Roma People.

Abstract

The question of the judicial protection of linguistic minorities can be treated from three different perspectives: international, European and domestic. It is not possible to find an unambiguous, universal and generally accepted definition of the concept of national minority either in international law, or in the international legal practice. States must respect a «minimum standard» of protection of the rights of minorities provided for by the international human rights law. In the European legal framework, for the first time at international level, the prohibition of discrimination against members of a national minority has been codified in the European Convention on Human Rights. Nowadays domestic legal systems can play an active role in safeguard of minorities, not only because the principles of formal and substantial equality and pluralism are protected by national constitutions, but also because in new generation’s constitutions it is possible to find rules specifically established in order to protect minorities and their cultural identities.

Published

2008-03-24

Issue

Section

RESEARCH NOTES