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Author: Joseph Marko
Publisher: Routledge
ISBN: 1134830432
Category : Political Science
Languages : en
Pages : 622
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Book Description
Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
Author: Joseph Marko
Publisher: Routledge
ISBN: 1134830432
Category : Political Science
Languages : en
Pages : 622
Get Book Here
Book Description
Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
Author: Solomon A. Dersso
Publisher: Martinus Nijhoff Publishers
ISBN: 9004235531
Category : Law
Languages : en
Pages : 279
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Book Description
Despite decades of nation-building exercise, ethnic-based claims for substantive equality, justice and equitable political inclusion and socio-economic order continue to result in communal rivalries. These are claims that define and represent the issue of minorities in Africa, of which these conflicts are manifestations. Although ethnic conflicts in Africa have been a subject of a large number of studies, the potential and role of norms on minority rights to address claims that ethno-cultural groups raise has not received the attention it deserves. Based on materials from normative political theory and international human rights law and using an empirical and prescriptive analysis, this book defends a robust system of minority rights built around culture, equality and self-determination. This is employed to elaborate an adequate constitutional design providing policy frameworks (multilingual language policy, recognition and affirmation of cultural diversity,), structures (that ensure just representation and participation of members of all groups) and norms (that guarantee substantive equality and the rights to language, religion and culture). The study then proffers two cases studies (South Africa and Ethiopia) to ascertain how such constitutional design might be translated into actual policy frameworks, institutions and 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: Emma Lantschner
Publisher: Oxford University Press
ISBN: 0192843370
Category : Law
Languages : en
Pages : 481
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Book Description
The Covid-19 pandemic has revealed how far we as a European society still are from the proclaimed Union of Equality. The book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination can be improved. It studies enforcement and promotion aspects of the two watershed directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own preference-formations and as a possibility to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators, that are deduced from the comparative review of the implementation practice of the member states. This book is thus a contribution to the existing literature in the fields of Europeanization, governance, and the right to equality and non-discrimination.
Author: Jane Boulden
Publisher: Oxford University Press, USA
ISBN: 0199676585
Category : Law
Languages : en
Pages : 337
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Book Description
This book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity and exploring their often contradictory roles and impacts.
Author: Will Kymlicka
Publisher: Clarendon Press
ISBN: 0191622451
Category : Political Science
Languages : en
Pages : 296
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Book Description
The increasingly multicultural fabric of modern societies has given rise to many new issues and conflicts, as ethnic and national minorities demand recognition and support for their cultural identity. This book presents a new conception of the rights and status of minority cultures. It argues that certain sorts of `collective rights' for minority cultures are consistent with liberal democratic principles, and that standard liberal objections to recognizing such rights on grounds of individual freedom, social justice, and national unity, can be answered. However, Professor Kymlicka emphasises that no single formula can be applied to all groups and that the needs and aspirations of immigrants are very different from those of indigenous peoples and national minorities. The book discusses issues such as language rights, group representation, religious education, federalism, and secession - issues which are central to understanding multicultural politics, but which have been surprisingly neglected in contemporary liberal theory.
Author: Derya Bayir
Publisher: Routledge
ISBN: 1317095804
Category : Law
Languages : en
Pages : 320
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Book Description
Examining the on-going dilemma of the management of diversity in Turkey from a historical and legal perspective, this book argues that the state’s failure to accommodate ethno-religious diversity is attributable to the founding philosophy of Turkish nationalism and its heavy penetration into the socio-political and legal fibre of the country. It examines the articulation and influence of the founding principle in law and in the higher courts’ jurisprudence in relation to the concepts of nation, citizenship, and minorities. In so doing, it adopts a sceptical approach to the claim that Turkey has a civic nationalist state, not least on the grounds that the legal system is generously littered by references to the Turkish ethnie and to Sunni Islam. Also arguing that the nationalist stance of the Turkish state and legal system has created a legal discourse which is at odds with the justification of minority protection given in international law, this book demonstrates that a reconstruction of the founding philosophy of the state and the legal system is necessary, without which any solution to the dilemmas of managing diversity would be inadequate. Adopting an interdisciplinary approach, this timely book will interest those engaged in the fields of Middle Eastern, Islamic, Ottoman and Turkish studies, as well as those working on human rights and international law and nationalism.
Author: Bertus de Villiers
Publisher: BRILL
ISBN: 9004461663
Category : Law
Languages : en
Pages : 295
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Book Description
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:
Publisher: Minority Rights Group
ISBN: 1907919821
Category : Social Science
Languages : en
Pages : 32
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Book Description
Since 2013, Bangladesh has experienced a series of violent attacks by extremists. The victims have included – besides atheists, secular bloggers, liberals and foreigners – many Buddhists, Christians and Hindus as well as Ahmadis and Shi’a Muslims. A large number of the attacks targeting religious minorities in particular have subsequently been claimed by the organization Islamic State (IS) – a claim vigorously denied by the Bangladeshi government, which has attributed the attacks to domestic militant groups. Regardless of their authorship, since the beginning of this new outbreak of violence, the authorities have visibly failed to ensure the protection of those targeted. For religious minorities, who have borne much of the brunt of these attacks, this violence is the latest chapter in a long history of discrimination and segregation that stretches back to the country’s independence and the legacy of colonialism, the 1947 Partition and the bloody civil war in 1971 during which the Hindu population in particular was targeted. This briefing, drawing on a detailed review of published sources, fieldwork by local rapporteurs and first-hand author interviews with a number of activists, lawyers and journalists, aims to provide a fuller picture of the complex challenges facing these communities and the need for a society-wide solution to the insecurity that has convulsed the country in the last few years.
Author: Maurice Odhiambo Makoloo
Publisher: Minority Rights Group
ISBN:
Category : History
Languages : en
Pages : 48
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Book Description
Minorities and indigenous peoples in Kenya feel excluded from the economic and political life of the state. They are poorer than the rest of Kenya's population, their rights are not respected and they are rarely included in development of other participatory planning processes. This report discusses the abuse of ethnicity in Kenyan policies, arguing that ethnicity is a card all too often used by Kenyan politicians to favour certain communities over others in the share of the nation's wealth. Kenya: Minorities, Indigenous Peoples and Ethnic Diversity exposes these concerns in detail via the analysis of budgetary expenditure in the poor Turkana region, which is dominated by the minority Turkana people, and in the richer Nyeri region, home of Kenya's current President. The author, Maurice Odhiambo Makoloo, calls for immediate action to address the inequalities and marginalization of communities, as a way of ensuring that Kenya remains free of major conflict. It calls for disaggregated data - by ethnicity and gender - and a new Constitution to devolve power away from the centre, so that minority and indigenous peoples stand to benefit from current and new development programmes.The report argues that Kenya's diversity should be its strength and need not be a threat to national unity. Suppressing and denying ethnic diversity is the quickest route to inter-ethnic conflict and claims of succession. The report calls for urgent action.
