The Ambiguous Relationship Between Religious Minorities and Fundamental (minority) Rights PDF Download
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Author: Kristin Henrard
Publisher: Eleven International Pub
ISBN: 9789089745354
Category : Law
Languages : en
Pages : 115
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Book Description
On October 29, 2010, Kristin Henrard accepted the position of extraordinary professor on minority protection at the Erasmus School of Law, a chair which is funded by the Trustfonds of Erasmus University Rotterdam. This book contains Henrard's inaugural speech. Henrard first revisits the relationship between and temporal evolution of general human rights and special minority-specific rights, by showing how fundamental rights were originally conceived for and tailored towards the needs of religious minorities. In the second part, Henrard exposes the ambiguous relationship between religious minorities and fundamental rights. Indeed, while religious minorities, and the protection they were considered to need, may have triggered the emergence of both general human rights and special minority rights, subsequently their special needs - in terms of human dignity, identity, and substantive equality - were neglected. Henrard consequently calls for a redress of the current imbalance - more particularly by a refinement of the existing norms.
Author: Kristin Henrard
Publisher: Eleven International Pub
ISBN: 9789089745354
Category : Law
Languages : en
Pages : 115
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Book Description
On October 29, 2010, Kristin Henrard accepted the position of extraordinary professor on minority protection at the Erasmus School of Law, a chair which is funded by the Trustfonds of Erasmus University Rotterdam. This book contains Henrard's inaugural speech. Henrard first revisits the relationship between and temporal evolution of general human rights and special minority-specific rights, by showing how fundamental rights were originally conceived for and tailored towards the needs of religious minorities. In the second part, Henrard exposes the ambiguous relationship between religious minorities and fundamental rights. Indeed, while religious minorities, and the protection they were considered to need, may have triggered the emergence of both general human rights and special minority rights, subsequently their special needs - in terms of human dignity, identity, and substantive equality - were neglected. Henrard consequently calls for a redress of the current imbalance - more particularly by a refinement of the existing norms.
Author: United Nations
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 188
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Book Description
"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.
Author: Fabienne Bretscher
Publisher: Routledge
ISBN: 0429559178
Category : Law
Languages : en
Pages : 251
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Book Description
This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.
Author: Kristin Henrard
Publisher: Martinus Nijhoff Publishers
ISBN: 9004244328
Category : Social Science
Languages : en
Pages : 447
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Book Description
Drawing on various disciplines and case studies from several corners of the world, this volume offers insights about the breadth and complexity of the (inter)relation between the socio-economic partcipation of minorities and their right to (respect for) identity.
Author: Steven Vertovec
Publisher: Routledge
ISBN: 1317600681
Category : Social Science
Languages : en
Pages : 609
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Book Description
In recent years the concept of ‘diversity’ has gained a leading place in academic thought, business practice and public policy worldwide. Although variously used, ‘diversity’ tends to refer to patterns of social difference in terms of certain key categories. Today the foremost categories shaping discourses and policies of diversity include race, ethnicity, religion, gender, disability, sexuality and age; further important notions include class, language, locality, lifestyle and legal status. The Routledge Handbook of Diversity Studies will examine a range of such concepts along with historical and contemporary cases concerning social and political dynamics surrounding them. With contributions by experts spanning Sociology, Anthropology, Political Science, History and Geography, the Handbook will be a key resource for students, social scientists and professionals. It will represent a landmark volume within a field that has become, and will continue to be, one of the most significant global topics of concern throughout the twenty-first century.
Author: Sadia Saeed
Publisher: Cambridge University Press
ISBN: 110714003X
Category : Political Science
Languages : en
Pages : 285
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Book Description
Introduction: Rethinking desecularization -- Colonial genealogy of Muslim politics -- Democratic exclusions, authoritarian inclusions -- Politics of minoritization -- The nation-state and its heretics -- Courts and the minority question -- Conclusion: After secularization.
Author: William Romans
Publisher: BRILL
ISBN: 9004390332
Category : Law
Languages : en
Pages : 295
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Book Description
The effective management of differences between groups within democracies means moving beyond the examination of individual rights. In the field of national minorities conflict prevention diplomacy, promoting the effective participation of national minorities in public life is a primary objective. Enhancing participation encourages a sense of belonging, contributes to societal integration, and promotes cohesion within the multi-ethnic state. The Lund Recommendations on the Effective Participation of National Minorities in Public Life directly address these challenges, and the OSCE High Commissioner on National Minorities works with states and national minority groups to advance functional solutions that reduce tensions and foster stability. This volume analyses the components of a balanced legal and policy framework related to effective participation of national minorities, with a view to preventing conflict, and reviews the related work of the OSCE and other international organisations.
Author: Margot E. Salomon
Publisher: Minority Rights Group
ISBN: 1897693990
Category : Social Science
Languages : en
Pages : 76
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Book Description
The United Nations adopted the Declaration on the Right to Development in 1986. The Declaration recognizes that development is an inalienable human right, and describes development as a comprehensive process leading to the well-being of all people. All states are called upon to cooperate internationally and work nationally to ensure that this comprehensive process in which all human rights can be realized is undertaken without discrimination, and that all people may participate fully and equally in this process. This paper provides an elaboration of the content of the right to development by drawing on international law. It addresses the obligations of states, particularly with regard to international cooperation, and considers the application of obligations of conduct, as well as those of result, in giving this right meaning. This paper also details the rights of minorities and indigenous peoples and how they relate to the right to development. The creation of conditions that enable a state to develop will not necessarily lead to the realization of the right to development by the individuals within that state. Traditionally marginalized groups – notably, minorities and indigenous peoples – may not benefit from this development or may be harmed by it. Even where the right to development is being realized by the majority, the rights of minorities and indigenous peoples could be violated if the process undertaken does not take account of their rights. The authors discuss the need to have in place the standards to ensure that the protection and promotion of minority and indigenous rights are fully integrated into policies designed to fulfil the right to development. Written in cooperation with the UN Independent Expert on the right to development, this work builds on his contribution to the mandated objectives of the inter-state UN Working Group on the Right to Development. It provides an important contribution to the scope of rights and obligations in this area, and the implications that stem from them, particularly for minorities and indigenous peoples.
Author: Marie-Claire Foblets
Publisher: Routledge
ISBN: 1317186362
Category : Law
Languages : en
Pages : 417
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Book Description
Issues of religious diversity in the workplace have become very topical and have been raised before domestic courts and the European Court of Human Rights. Examining the controversial and constantly evolving position of religion in the workplace, this collection brings together chapters by legal and social science scholars and provides a wealth of information on legal responses across Europe, Turkey and the United States to conflicts between professional and religious obligations involving employees and employers. The contributors examine how case law from the European Court of Human Rights, domestic experiences and comparative analyses can indicate trends and reveal established and innovative approaches. This multi-perspective volume will be relevant for legal practitioners, researchers, academics and policy-makers interested in human rights law, discrimination law, labour law and the intersection of law and religion.
Author: Marie-Claire Foblets
Publisher: Routledge
ISBN: 1317175328
Category : Law
Languages : en
Pages : 464
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Book Description
This edited collection gathers together the principal findings of the three-year RELIGARE project, which dealt with the question of religious and philosophical diversity in European law. Specifically, it covers four spheres of public policy and legislation where the pressure to accommodate religious diversity has been most strongly felt in Europe: employment, family life, use of public space and state support mechanisms. Embracing a forward-looking approach, the final RELIGARE report provides recommendations to governance units at the local, national and European levels regarding issues of religious pluralism and secularism. This volume adds context and critique to those recommendations and more generally opens an intellectual discussion on the topic of religion in the European Union. The book consists of two main parts: the first includes the principal findings of the RELIGARE research project, while the second is a compilation of 28 short contributions from influential scholars, legal practitioners, policy makers and activists who respond to the report and offer their views on the sensitive issue of religious diversity and the law in Europe.
