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Author: Patrick Thornberry
Publisher:
ISBN: 9780198258292
Category : Law
Languages : en
Pages : 468
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Book Description
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: Patrick Thornberry
Publisher:
ISBN: 9780198258292
Category : Law
Languages : en
Pages : 468
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Book Description
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: Gaetano Pentassuglia
Publisher: Council of Europe
ISBN: 9287147736
Category : Law
Languages : en
Pages : 304
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Book Description
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: Catherine Brölmann
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 392
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Book Description
Contents.
Author: Steven Wheatley
Publisher: Cambridge University Press
ISBN: 9780521848985
Category : Law
Languages : en
Pages : 246
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Book Description
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
ISBN: 1108483674
Category : Law
Languages : en
Pages : 379
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Book Description
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
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: Silvia Gagliardi
Publisher: Routledge
ISBN: 1000071677
Category : Law
Languages : en
Pages : 184
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Book Description
Investigating minority and indigenous women’s rights in Muslim-majority states, this book critically examines the human rights regime within international law. Based on extensive and diverse ethnographic research on Amazigh women in Morocco, the book unpacks and challenges generally accepted notions of rights and equality. Significantly, and controversially, the book challenges the supposedly ‘emancipatory’ power vested in the human rights project; arguing that rights-based discourses are sites of contestation for different groups that use them to assert their agency in society. More specifically, it shows how the very conditions that make minority and indigenous women instrumental to the preservation of their culture may condemn them to a position of subalternity. In response, and engaging the notion and meaning of Islamic feminism, the book proposes that feminism should be interpreted and contextualised locally in order to be effective and inclusive, and so in order for the human rights project to fully realise its potential to empower the marginalised and make space for their voices to be heard. Providing a detailed, empirically based, analysis of rights in action, this book will be of relevance to scholars, students and practitioners in human rights policy and practice, in international law, minorities’ and indigenous peoples’ rights, gender studies, and Middle Eastern and North African Studies.
Author: Daniele Ferrari
Publisher: Routledge
ISBN: 1000424006
Category : Law
Languages : en
Pages : 267
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Book Description
This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities’ rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.
Author: Dr Helen O'Nions
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409490920
Category : Social Science
Languages : en
Pages : 516
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Book Description
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: 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.
