Download or read book Protection of Minorities written by Borhan Uddin Khan and published by Cambridge Scholars Publishing. This book was released on 2013-01-16 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a world that not only sets standards for, but also professes its commitment to promoting and protecting ‘rights’. Since ours is an age of heightened public interest in auditing the actual realisation of such standards and commitment, the first major focus of this book is a critical account of international standards aimed at the protection of minorities. To that end, it concentrates on four key dimensions. Firstly, it addresses the issue of the identification of minorities as understood by international law. Secondly, it outlines a brief history on the development of international law towards improving the protection of minorities. Thirdly, it gives an overview of international instruments and mechanisms on minorities. Finally, it analyses the rights of minorities under international standards. All these dimensions point to the fact that international minority rights lag behind the development of other branches of rights. The second major focus of this book is to relate international standards on minority protection to South Asian regimes. Concentrating on India, Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan, the Maldives, and Afghanistan, an endeavor is made to examine the state of minorities and their protection under the domestic regimes. It emerges that the normative commitments of these states are more or less compatible with international standards. Nevertheless, majority-minority syndrome persistently remains as one of the causes behind multidimensional deprivation and victimization of South Asian minorities. The present book also assesses the extent to which regional cooperation in South Asia has so far contributed to extending protection to minorities. This ends with an argument that SAARC (South Asian Association for Regional Cooperation) has the potential to play a far greater role in this regard.

Download or read book Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts written by Bertus de Villiers and published by BRILL. This book was released on 2021-08-30 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Promoting and Protecting Minority Rights written by United Nations and published by . This book was released on 2012 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Justifications of Minority Protection in International Law written by Athanasia Spiliopoulou Åkermark and published by Martinus Nijhoff Publishers. This book was released on 1997-07-23 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1993-1995.

Download or read book The Protection of Minorities and Human Rights written by Yoram Dinstein and published by BRILL. This book was released on 2023-11-27 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the dawn of modern international law, manifold treaties (especially peace treaties) have recognized the rights of specific minorities in specific territories. Today -- with Eastern Europe once more in turmoil and with minority groups all over the world clamouring for recognition -- there is a growing awareness that, irrespective of the observance of the fundamental freedoms of individuals, minority groups have their legitimate interests that must be appreciated and accommodated. This collection of essays grew out of an international legal colloquium, held at the Faculty of Law of Tel Aviv University in March 1990. Some of the papers have already been published in volume 20 of the Israel Yearbook on Human Rights, but others are printed here for the first time. The authors come from different parts of the world and represent different legal backgrounds. They are by no means at one in their analysis of the human rights of minority groups, but they all share the sense that problems of minorities cannot be brushed aside or glossed over. It is not too hazardous to forecast that these problems will actually intensify in the 21st century. Whereas they cannot be solved through exclusively legal means, international and constitutional lawyers must do their utmost to identify flash points and to offer at least some prescriptive guidelines. This is the principal purpose of the present volume.

Download or read book Double Standards Pertaining to Minority Protection written by Kristin Henrard and published by Brill - Nijhoff. This book was released on 2010 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume offers a rich compilation of perspectives on (perceived) differential standards of international organisations concerning minority protection. It also addresses the ongoing controversial question of the status of 'new' minorities, without neglecting the protection of minorities within minorities.

Download or read book Human and Minority Rights Protection by Multiple Diversity Governance written by Joseph Marko and published by Routledge. This book was released on 2019-03-04 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Protection of Minorities written by European Commission for Democracy through Law and published by Council of Europe. This book was released on 1994-01-01 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication aims to make the Venice Commission's work in the field of protection of minorities more available to the public. It includes, on the one hand, the Proposal for a European Convention on the protection of minorities, as a reply to the heartfelt need for protection of minorities at the European level. The proposal and its explanatory report appear in the first chapter of the publication. This publication includes, in addition, firstly the report on the protection of minorities at domestic law level which was drawn up within the framework of the Venice Commission and secondly the report concerning the special protection of which minorities can take advantage in States with a Federal or Regional structure. The report in question was established on the basis of replies provided by representatives of several European and non-European States to a questionnaire drawn up by the Commission; the questionnaire, together with the replies, appears in an Appendix to the report. Perusal of the replies given by representatives of different States to the same question allows for a rapid appraisal of the solutions adopted in national laws to identical problems of protection of minorities. The European Commission for Democracy through Law considers the question of the protection of minorities to be one of the most important fields of its activity. (Adapted from.

Download or read book Managing Babel The International Legal Protection of Minorities in the Twentieth Century written by Li-Ann Thio and published by BRILL. This book was released on 2005-01-01 with total page 399 pages. Available in PDF, EPUB and Kindle. Book excerpt: Minority protection is integral to a civilised standard of internal good governance. The goal of promoting friendly inter-group relations within states highlights the linkages between constitutionalism and the extending reach of international law in shaping domestic governance and structuring relations between the state, non-state communities and individuals. While law per se cannot guarantee the security and integrity of minority groups, law and legal institutions play a role in promoting a tolerant and pluralistic environment and a multicultural ethos that appreciates, rather than resents, ethno-cultural diversity. This book is a comprehensive, modern study of the important field of international protection of minority rights, focusing on 20th century developments. Minority rights regimes, which address the issue of group identity and autonomy, have essentially been a stabilising force, buttressing state survivability in the face of claims to self-determination or secession. These serve to promote the peaceful co-existence of distinct ethno-cultural groups, captured by the metaphor of ‘Babel’, within existing states. Despite overlaps, the content of minority protection is more modest than the claim of indigenous groups for collective rights or peoples’ rights to self-determination. As part of the contemporary corpus of human rights norms, minority protection may be appreciated as an aspect of the evolving content of the ‘internal’ dimension of the right to self-determination. Chapter 1 introduces some key definitional and conceptual problems in the field of minority protection and presents a brief historical review of international approaches up to 1919. Chapter 2 discusses the League of Nations era. Chapter 3 examines approaches towards minority protection after World War Two as reflected in the drafting of the United Nations Charter and efforts to protect minorities outside the UN regime. In this period, discussed in Chapters 4 and 5, minorities' issues remained largely submerged within the UN project of promoting universal individual human rights. Chapter 6 addresses the post-1989 revival in minorities' issues within the UN; Chapter 7 offers a succinct overview of what might be considered a parallel history with respect to the development of regional human rights schemes and what these afford to minority protection, closing with concluding observations. Meticulously researched, this volume offers a valuable synthesis of this important but often heart-breaking field.

Download or read book Global Minority Rights written by Joshua Castellino and published by Routledge. This book was released on 2017-05-15 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important volume brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities. The discipline is arguably one of the oldest branches of public international law, and owes its heritage to those who struggled to create standards to protect the numerically inferior and non-dominant communities from the excesses of the majority. While reflecting this rich heritage, the works contained in this volume show the extent to which policy constructs (especially in law) have begun to pay heed to the need to include minorities in different domestic settings across the globe. To provide readers with a structured approach to understanding global minority rights law the editor divides the issues into six main headings, namely: Historical Development; Conceptual Development; Contemporary Challenges; Fundamental Norms of Minority Protection; Specific Rights of Minorities; Human Rights and Minority Rights.

Download or read book International Protection of Minorities written by James Fawcett and published by . This book was released on 1990-12-31 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Rights of Minorities in Europe written by Marc Weller and published by Oxford University Press on Demand. This book was released on 2006 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Minorities Minority Rights and Internal Self Determination written by Ulrike Barten and published by Springer. This book was released on 2014-09-23 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book questions the classic idea of self-determination – the right to self-determination is a right of peoples, not of minorities – by examining the content of the right to self-determination and the content of minority rights. Self-determination has four dimensions: the political, the economic, the social and the cultural dimensions. Minorities have minority rights that touch on most aspects of life as a member of a minority. If there is an overlap between minority rights and the different dimensions of self-determination, the concept that the right to self-determination is only applicable to peoples loses credibility. No global and general conclusion is envisaged; there are restrictions in place. The work is limited to the European framework and is further restricted to classic minorities. The argument is based on a legitimacy and justice approach. The analysis in this book shows that some minority rights overlap with the different dimensions of internal self-determination. In short, classic minorities in Europe have a right to internal self-determination.

Download or read book Minorities in International Law written by Gaetano Pentassuglia and published by Council of Europe. This book was released on 2002-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Protecting the Religious Freedom of New Minorities in International Law written by Fabienne Bretscher and published by Routledge. This book was released on 2019-09-19 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Minority Rights in the Middle East written by Joshua Castellino and published by OUP Oxford. This book was released on 2013-04-25 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the Middle East there are a wide range of minority groups outside the mainstream religious and ethnic culture. This book provides a detailed examination of their rights as minorities within this region, and their changing status throughout the twentieth and twenty-first centuries. The rights of minorities in the Middle East are subject to a range of legal frameworks, having developed in part from Islamic law, and in recent years subject to international human rights law and institutional frameworks. The book examines the context in which minority rights operate within this conflicted region, investigating how minorities engage with (or are excluded from) various sites of power and how state practice in dealing with minorities (often ostensibly based on Islamic authority) intersects with and informs modern constitutionalism and international law. The book identifies who exactly can be classed as a minority group, analysing in detail the different religious and ethnic minorities across the region. The book also pays special attention to the plight of minorities who are spread between various states, often as the result of conflict. It assesses the applicable domestic legislative instruments within the three countries investigated as case studies: Iraq, Syria, and Lebanon, and highlights key domestic remedies that could serve as models for ensuring greater social cohesion and greater inclusion of minorities in the political life of these countries.

Download or read book Minority Rights The Key to Conflict Prevention written by Clive Baldwin and published by Minority Rights Group. This book was released on 2007-05-12 with total page 44 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report, Minority Rights: The Key to Conflict Prevention, cogently argues that an understanding of minority rights is essential for anyone dealing with conflict prevention and resolution. The report’s authors, Clive Baldwin, Chris Chapman and Zoë Gray, demonstrate the strong links between minority rights violations and the outbreak of major conflicts, drawing on research carried out in China, India, Iraq, Kosovo, Nicaragua, the Philippines and Sudan, among other states. MRG’s report shows how minority rights violations are often warning signs of an approaching conflict. This new report looks at five themes: minority identity, the ability of minorities to participate in political and economic life, land/property rights and justice issues. Using case studies and providing practical advice, the authors show why ignoring early warning signs in any of these areas could lead to a build up of tensions and ultimately, violent conflict. The international community’s record on minority rights and conflict prevention is examined and found wanting. The report concludes with a checklist and a series of recommendations aimed at international bodies working on conflict prevention and resolution.