Minorities in International Law: An Analytical Study of the Evolution of Protection Mechanisms and Classification Criteria within the Framework of United Nations Instruments

Abstract

This study addresses the legal protection of minorities in international law, aiming to analyze the evolution of their legal status and protection mechanisms amidst the conflict between national sovereignty and international obligations. To achieve its objectives, the study adopted a descriptive-analytical approach to define concepts and classify minorities, as well as an inductive legal approach to study and analyze relevant international instruments. The research discussed the complexities of definition and the various classification criteria (numerical, objective, and political), and distinguished minorities from immigrants and refugees. It also reviewed the evolution of protection from the League of Nations system, which was characterized by selectivity and failure due to its focus on the rights of specific states, to the United Nations stage, which shifted the issue toward individual protection within the general human rights framework, particularly through the 1992 Declaration. The results concluded that there is no definitive international definition of minorities and that international enforcement mechanisms remain weak due to double standards and the absence of coercive authority. In light of this, the study recommended the necessity of activating the principle of citizenship and full equality in national legislation, criminalizing discrimination, and adopting a comprehensive legal and humanitarian approach, with a focus on community and academic awareness to foster trust and integration.