SOME ASSESSMENTS ON ISSUES RELATED TO THE LEGAL STATUS OF PERSONS BELONGING TO NATIONAL MINORITIES
SOME ASSESSMENTS ON ISSUES RELATED TO THE LEGAL STATUS OF PERSONS BELONGING TO NATIONAL MINORITIES

Summary/Abstract: The protection of the rights of persons belonging to national minorities is an issue that primarily interests the international community. At the supranational level, standards and requirements have been created over time for national minorities to enjoy adequate protection, designed to accommodate their particularities. The evolution of international instruments in the field of national minorities was incongruous: standards and guarantees were created in the absence of a clear definition reflecting the meaning of national minorities. Secondly, the State is called to answer for the national minorities that it supervises, being developed complex relations between the kin State and the home State depending on the geographical positioning of the national minorities. In this paper we will explore the right to self identification of individuals belonging to national minorities and the effects produced by it in shaping supranational guarantees in the matter. Taking into account the individual (and not collective!) nature of the rights of persons belonging to national minorities, the relationship between the individual and the State on specific protection issues must be analyzed with priority. Finally, the paper aims to analyze the legal status corresponding to the rights of persons belonging to national minorities, with an emphasis on the scope of content of cultural identity and how it interacts with linguistic and religious identity.

• Details
• Contents