The protection of minorities: A challenge under a multi-level constitucionalism perspective

Abstract

The legal-constitutional approach to minorities and their protection in a state context where the majority may expunge that which is different, constitutes a growing problem to be dealt with in the multicultural reality in which we live, it is strongly influenced by the advances of social policy and a modern understanding of democratic system. The protection in international law framework of these groups, the definition of “minority” although no consensus has been reached so far, as well as the limited recognition in Spain of their reality are object of analysis of this paper.

Summary:
I. INTRODUCTION. I.A. The concept of indigenous peoples. I.B. The concept of national minorities. I.C. Ethnic minorities and minorities or indigenous peoples. I.D. Conceptual balance. II. TIPOLOGY OF GROUPS: CLASSIFICATION OF MINORITIES. III. THE LEGAL STATUS OF THE GROUPS. III.A. The International regulatory framework. III.A.1. United Nations: particular reference to the International Covenant on Civil and Political Rights of 1966. III.A.2. The European Convention on Human Rights (The Rome Convention). III.A.3. The European Social Charter. III.A.4. The European Charter for Regional or Minority Languages. III.A.5. The Framework Convention for the Protection of National Minorities. III.A.6. The European Union. III.A.7. The Organization for Security and Co-operation in Europe (OSCE). III.B. Balance on European normative instruments. IV. RECOGNITION AND PROTECTION OF MINORITIES IN SPAIN. IV.A. The Roma/Gypsy community. V. CONCLUSIONS.