ABSTRACT

The chapter makes the original argument that forced migrants also fall within the concept of minorities in international law and hence are entitled to the protection recognised for minorities. The so-called European refugee crisis has resulted in many asylum seekers being stuck in European host states without the prospect to move. Other forced migrants are also residing in European states for long periods. In addition to non-refoulement and adequate living conditions, these individuals now more than ever need protection of their rights to language, culture and religion. Implementation of such rights is currently minimal. After an overview of the existing regimes for migration and refugees, the chapter highlights the inadequacies of these legal systems to accommodate the current needs of forced migrants. The added protection recognised for minorities has not been considered, even though, the chapter argues, forced migrants do fall within the minority concept. This has been a major oversight and there is a clear solution. Integration, currently a buzzword among states, can be facilitated by the legal framework of minority status, including special measures by states to ensure that their identity rights are protected.