Forced migrants in Europe and their cultural rights: In need of minority protection

Abstract

Discussions and efforts to improve the rights of forced migrants in Europe are ongoing as the situation continues to be dire. All such discussions and policies though have completely neglected so far the protection that the human rights system recognises to members of minorities. This article argues that forced migrants are entitled to such minority protection. It further argues that their recognition, as beneficiaries of such protection will address more comprehensively their needs and strengthen their rights. The article focuses on the cultural rights of forced migrants, as important rights connected to their identity. It demonstrates the gaps in the international law machinery used at the moment as well as the added value that the minority protection would have on their rights. Using such protection for migrants’ rights is consistent with international law, will strengthen their protection but also will be beneficial to the minority rights protection too.