European Centre for Minority Issues

This blog post examines how the long-standing conceptual debate on the distinction between indigenous peoples and minorities plays out in practice, focusing on the judicialization of rights under international human rights law. It contrasts the separate normative frameworks governing these groups and shows how their boundaries become blurred in the case law of UN treaty bodies, particularly the Human Rights Committee. Drawing on individual communications and state reporting practice, the analysis demonstrates that indigenous peoples are frequently treated as minorities for purposes of legal protection. The author argues that, while definitions remain contested, their practical significance lies in shaping access to rights and remedies rather than in conceptual purity. At the same time, evolving practice reveals a growing intersection between minority protection and the logic of collective self-governance, pointing to a broader structural issue that invites continued reflection.