International Law And The Rights Of Minorities
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| Author | : Patrick Thornberry |
| Publisher | : |
| Total Pages | : 468 |
| Release | : 1992 |
| Genre | : Law |
| ISBN | : 9780198258292 |
The treatment of ethnic and religious minorities by states is a major issue in the closing decade of the twentieth century. Conflict between ethnic groups, and between groups and states colours international relations and politics. The developments in Eastern Europe and the USSR have led to are-emergence of ethnic and nationalist issues, whilst the problems of national consolidation of new states inevitably raises questions of culture, religiation and language. Minorities rights are difficult to accommodate within the individualist and universalist framework of human rights.International law is required to deal with dilemmas such as individual versus collective rights, passivity on the part of the state towards minority cultures or positive action to promote them, and nation-building as against group self-determination and autonomy. International Law and the Rights ofMinorities attempts to explore the response of international law to these major questions through detailed analysis of treaty and customary law, including regional treaties. Areas covered include the prohibition of genocide, Article 27 of the Covenant on Civil and Political Rights, the principle ofnon-discrimination and the related but separable issue of indigenous peoples and international law. Reference is also made to the pre-UN tradition of group protection. International Law and the Rights of Minorities concludes with an assessment of the achievements of international law in theseareas and explores the possibilities for future progress.
| Author | : Catherine Brölmann |
| Publisher | : Springer |
| Total Pages | : 392 |
| Release | : 1993-05-24 |
| Genre | : Law |
| ISBN | : |
| Author | : Steven Wheatley |
| Publisher | : Cambridge University Press |
| Total Pages | : 246 |
| Release | : 2005-12-22 |
| Genre | : Law |
| ISBN | : 9780521848985 |
This work explores the contribution that international law may make to the resolution of culture conflicts--political disputes between the members of different ethno-cultural groups--in democratic States. International law recognizes that persons belonging to minorities have the right to enjoy their own culture and peoples have the right to self-determination without detailing how these principles are to be put into effect. The emergence of democracy as a legal obligation of States permits the international community to concern itself with both the procedure and substance of 'democratic' decisions concerning ethno-cultural groups.
| Author | : Mohammad Shahabuddin |
| Publisher | : Cambridge University Press |
| Total Pages | : 379 |
| Release | : 2021-06-10 |
| Genre | : Law |
| ISBN | : 1108483674 |
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
| Author | : Bertus de Villiers |
| Publisher | : BRILL |
| Total Pages | : 295 |
| Release | : 2021-08-30 |
| Genre | : Law |
| ISBN | : 9004461663 |
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.
| Author | : Gaetano Pentassuglia |
| Publisher | : Council of Europe |
| Total Pages | : 304 |
| Release | : 2002-01-01 |
| Genre | : Law |
| ISBN | : 9287147736 |
This book, the first in the series of publications on minority issues, provides a critical overview of the protection of minority groups in international law. Topics covered include: the definition of a minority, concepts of state sovereignty and self-determination; the historical context to international human rights law; the legal frameworks developed by the UN, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE) and the EU; as well as examples of legal approaches adopted by individual European countries to address the protection of minorities.
| Author | : Fernand de Varennes |
| Publisher | : BRILL |
| Total Pages | : 552 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004479252 |
One of the most vexing issues in many of the world's so-called ethnic or minority conflicts is the question of language use by the State and its citizens. While international and national law has traditionally viewed language preference to be within a State's prerogative - at least when involving governmental activities and machinery - this position has proved to be a continuous source of acrimony and conflict, and wrong in some respects. Language, Minorities, and Human Rights is the most complete book ever written on the topic, providing for the first time an analysis of every aspect of language and the law. In addition to presenting a theoretical model for language's particular position and relevance in human rights, it constitutes an invaluable reference document by including the provisions of close to 100 international, multilateral and bilateral instruments involving language rights, as well as the constitutional provisions of 140 countries dealing with language. By addressing little explored areas such as the language rights of indigenous peoples, non-citizens and even the use of script, in addition to more traditional topics such as nationalism and language, freedom of expression and non-discrimination, Language, Minorities and Human Rights proposes a complete descriptive picture of language and human rights as well as proposing a number of suggestions on how to address and balance the many problems currently caused by the linguistic demands of various individuals and the interests of states in nation building.
| Author | : Marc Weller |
| Publisher | : Oxford University Press on Demand |
| Total Pages | : 688 |
| Release | : 2006 |
| Genre | : Social Science |
| ISBN | : 9780199207626 |
The rights of minorities are becoming increasingly important, especially in the context of enlargement of the European Union, yet there are remarkably few treaties dealing with minority rights under international law. One of these is the Council of Europe's Framework Convention for theProtection of National Minorities. This volume provides the first expert commentary on the Convention, which is the principal international document establishing minority rights in a legally binding way. Many minority rights such as those to political participation, non-assimilation, and the use ofnative languages are not incorporated in other major Human Rights agreements. The Convention is therefore often taken to be the leading standard in the international law of minority rights. This commentary offers a detailed article-by-article analysis of the Convention, by a group of international legal experts in minority rights. Their commentary draws upon the Convention's negotiating history and implementation practice, in addition to examining the pronouncements of the AdvisoryCommittee, which is the implementation body attached to the treaty. It offers a clear sense of the concrete meaning of the provisions of the Convention to scholars, students, and members of minority rights groups.
| Author | : Helen O'Nions |
| Publisher | : Routledge |
| Total Pages | : 340 |
| Release | : 2016-04-22 |
| Genre | : Social Science |
| ISBN | : 1317095650 |
There are approximately ten million Roma in Europe, making them the continent’s largest non-territorial minority. Despite this fact, the Roma continue to experience routine discrimination and marginalization in European countries. As a result they are seldom engaged in national political activism and are frequently at the bottom of the economic and social ladder. The severity of exclusion experienced by the Roma in societies which have long paid heed to the notion of individual, universal human rights - combined with their geographical dispersal and heterogeneous nature - makes the study of the Roma highly informative. This book examines the theoretical debate concerning the most appropriate way of protecting the fundamental human rights of the Roma, which also illuminates ways in which the rights of minority groups can be protected more generally. As a result, this work will be a valuable resource for social scientists and practitioners in the field of human rights.
| Author | : Athanasia Spiliopoulou Åkermark |
| Publisher | : BRILL |
| Total Pages | : 331 |
| Release | : 2021-09-27 |
| Genre | : Law |
| ISBN | : 9004479872 |
This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.
