A Commentary To The Lund Recommendations On The Effective Participation Of National Minorities In Public Life

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Political Participation of Minorities

Author : Marc Weller,Katherine Nobbs
Publisher : Unknown
Page : 921 pages
File Size : 55,8 Mb
Release : 2010
Category : Law
ISBN : 9780199569984

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Political Participation of Minorities by Marc Weller,Katherine Nobbs Pdf

This Commentary provides the reader with a review of international standards and practice relating to the political participation of minorities. Political participation has been increasingly recognized as a foundational issue in the debate about minority rights. It is argued that minorities are more likely to feel co-ownership in the state if they have the opportunity to participate freely and effectively in all aspects of its governance, and that sustained and meaningful engagement will guard against the sense of alienation and exclusion among minorities that often emerges in ethnically divided societies. Taking as its starting point the two most important standard-setting documents in the field - the Lund Recommendations on the Effective Participation of National Minorities in Public Life, developed by the Organization for Security and Cooperation in Europe, and the Council of Europe's Thematic Commentary on the Issue of Political Participation of Minorities - the Commentary locates the international legal entitlement to political participation within the wider context of the right to democratic governance. It also considers effective participation in relation to the right to full and effective equality, as well as the legal entrenchment of these provisions and implementation mechanisms. Individual chapters then consider each of the principal mechanisms aimed at enhancing political participation, ranging from procedures covering minority representation in political institutions to consultative mechanisms and autonomy solutions. The Commentary draws on a team of experts, all of whom are recognized authorities in this specialized area of minority issues.

Effective Participation of National Minorities and Conflict Prevention

Author : William Romans,Iryna Ulasiuk,Anton Petrenko Thomsen
Publisher : BRILL
Page : 295 pages
File Size : 42,5 Mb
Release : 2019-10-21
Category : Law
ISBN : 9789004390331

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Effective Participation of National Minorities and Conflict Prevention by William Romans,Iryna Ulasiuk,Anton Petrenko Thomsen Pdf

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.

The Participation of Minorities in Public Life

Author : Council of Europe
Publisher : Council of Europe
Page : 142 pages
File Size : 50,9 Mb
Release : 2011-01-01
Category : Political Science
ISBN : 9287169403

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The Participation of Minorities in Public Life by Council of Europe Pdf

Can national minorities participation in decision-making processes be achieved in any constitutional context ? Can developing international standards assist governments in devising national policies? What are the challenges if states are to use cultural autonomy to improve minority participation? This publication presents The UniDem Seminar on The participation of minorities in public life, which took place in Zagreb on 18 and 19 May 2007, discussed ways of answering these topical questions. This publication contains the reports presented and discussed at the UniDem Seminar organized by the European Commission for Democracy through law (the Venice Commission), under the patronage of the President of the Republic of Croatia and in cooperation with the Ministry of Foreign Affairs and European Integration of the Republic of Croatia, the University of Zagreb and the University of Glasgow.

Minorities, Peoples And Self-determination

Author : Nazila Ghanea-Hercock,Alexandra Xanthaki,Patrick Thornberry
Publisher : Martinus Nijhoff Publishers
Page : 371 pages
File Size : 45,5 Mb
Release : 2005
Category : Social Science
ISBN : 9789004143012

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Minorities, Peoples And Self-determination by Nazila Ghanea-Hercock,Alexandra Xanthaki,Patrick Thornberry Pdf

This volume presents new thinking on minority and indigenous rights in international law. Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice.

Linguistic Justice

Author : Jacqueline Mowbray
Publisher : OUP Oxford
Page : 248 pages
File Size : 50,9 Mb
Release : 2012-10-25
Category : Law
ISBN : 9780191639722

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Linguistic Justice by Jacqueline Mowbray Pdf

Globalization and migration are producing societies of increasing linguistic diversity. At the same time, English is achieving unprecedented global dominance, smaller languages are becoming 'extinct' at an alarming rate, and ethnic tensions in countries from Belgium to Tibet continue to centre on questions of language. Against this background, the issue of how to ensure justice between speakers of different languages becomes a pressing social concern. Matters of 'linguistic justice' are therefore drawing increasing scholarly attention across a range of disciplines. How does international law contribute to linguistic justice? This book explores that question by conducting a comprehensive, interdisciplinary examination of international law on language, analysing the many disparate fields of international law which affect language use both directly (human rights, cultural heritage laws, and EU legislation, for example) and indirectly (international trade law and international labour standards, among others). Moving beyond the technical analysis of legal provisions, the book explores the conceptual framework which underpins international law on language, unearthing underlying assumptions and ideas about what constitutes a 'just' language policy from a legal perspective. In doing so, the book draws on the methodology of sociologist Pierre Bourdieu, whose ideas of 'habitus' and 'field' offer a way of understanding the changing significance of language to human identity, and the way in which language becomes a focal point for the exercise of social power. This analysis reveals the limitations of contemporary international law on language, and charts a course towards the achievement of greater 'linguistic justice'.

Minority Issues in Europe: New Ideas and Approaches

Author : Tove H. Malloy,Caitlin Boulter
Publisher : Frank & Timme GmbH
Page : 286 pages
File Size : 42,7 Mb
Release : 2019-03-18
Category : Political Science
ISBN : 9783732905058

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Minority Issues in Europe: New Ideas and Approaches by Tove H. Malloy,Caitlin Boulter Pdf

As the political landscape of Europe transforms, so too does the field of minority issues. New areas of focus encompass topics as varied as populism and media representation, anthropological insights and intersectional feminist considerations, education in human rights and participatory mechanisms, and the changing categories and roles of minority communities as important actors in a variety of forums. Volume 2 of Minority Issues in Europe reflects a growing range of disciplinary approaches to the field, and a fresh outlook on the issues facing Europe’s diverse communities. Bringing together research from experienced experts and young researchers, this book aims to equip students with critical and considered insights to some of the most pressing questions in minority studies today.

Minority Governance in and beyond Europe

Author : Tove H. Malloy,Joseph Marko
Publisher : Martinus Nijhoff Publishers
Page : 236 pages
File Size : 46,6 Mb
Release : 2014-11-27
Category : Law
ISBN : 9789004276499

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Minority Governance in and beyond Europe by Tove H. Malloy,Joseph Marko Pdf

Minority Governance in and beyond Europe offers a review of contemporary developments in minority relations. The publication addresses normative and institutional developments in a pan-European context. It tackles the theoretical and practical implications of power-sharing; the dichotomy of ‘old’ and ‘new’ minorities; human rights violations; public institutions for minority protection and abating discrimination; theoretical reflections on minority activism; political participation of minorities; justifications of minority protection; the evolution of language rights, and minorities in relation to EU law. It offers a lens that provides the reader with a clearer understanding about academic thinking and indicates where political will is needed to advance the minority rights protection regime in the future. Compiled to celebrate the 10th anniversary of the European Yearbook of Minority Issues, and offering a selection of the most important articles published in the Yearbook, this collection will be of great interest to scholars, students and policy-makers engaging in minority-related activities and interested in multiethnicity and cultural pluralism in Europe

National Minorities in Inter-State Relations

Author : Francesco Palermo,Natalie Sabanadze
Publisher : BRILL
Page : 286 pages
File Size : 45,8 Mb
Release : 2011-02-14
Category : Law
ISBN : 9789047429425

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National Minorities in Inter-State Relations by Francesco Palermo,Natalie Sabanadze Pdf

The book offers a comprehensive analysis of the issues concerning national minorities in the context of inter-State relations, by respecting the rights of persons belonging to minorities, maintaining interethnic harmony and strengthening good neighbourly relations.

Democracy, Minorities and International Law

Author : Steven Wheatley
Publisher : Cambridge University Press
Page : 246 pages
File Size : 48,5 Mb
Release : 2005-12-22
Category : Law
ISBN : 0521848989

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Democracy, Minorities and International Law by Steven Wheatley Pdf

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.

Electoral Rights in Europe

Author : Helen Hardman,Brice Dickson
Publisher : Taylor & Francis
Page : 228 pages
File Size : 47,7 Mb
Release : 2017-06-26
Category : Political Science
ISBN : 9781315470481

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Electoral Rights in Europe by Helen Hardman,Brice Dickson Pdf

From the perspective of a number of different social science disciplines, this book explores the ways in which the election of politicians can be made more fair and credible by adopting a human rights approach to elections. It discusses existing international standards for the conduct of elections and presents case studies relating to jurisdictions within Europe, especially those emerging from conflict or from an authoritarian past, which demonstrate how problems occur and can be addressed. Significant advances have been achieved through the Council of Europe’s soft and hard law frameworks but the book demonstrates that much more needs to be done to ensure that these and other standards are fully adhered to and developed. This collection offers a fresh examination of electoral rights and practices – and their impact on the quality of democracy – by superimposing a human rights perspective on existing election theories derived from the literatures of law, political science and international relations. This text will be of key interest to scholars, students and practitioners of electoral democracy and human rights, as well as those working in the areas of comparative politics and European politics.

The UN Declaration on the Rights of Indigenous Peoples

Author : Jessie Hohmann,Marc Weller
Publisher : Oxford University Press
Page : 657 pages
File Size : 51,7 Mb
Release : 2018
Category : Law
ISBN : 9780199673223

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The UN Declaration on the Rights of Indigenous Peoples by Jessie Hohmann,Marc Weller Pdf

The Declaration on the Rights of Indigenous Peoples set key standards for the treatment of indigenous people, and has significantly developed how indigenous rights are viewed and enforced. This commentary thematically assesses all aspects of the Declaration's provisions, providing an overview of its impact.--

Human Rights and Criminal Justice for the Downtrodden

Author : Morten Bergsmo
Publisher : BRILL
Page : 850 pages
File Size : 46,9 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004482111

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Human Rights and Criminal Justice for the Downtrodden by Morten Bergsmo Pdf

This book contains essays by leading international experts in the areas of international criminal law and international human rights law. Part One of the book contains eight essays in international criminal law, covering issues such as the crime of aggression; terrorism and the Statute of the International Criminal Court; the evolution of the law on crimes against humanity and genocide; the doctrine of universal jurisdiction; and the relationship between international human rights and international criminal law jurisprudence. Part Two has eight essays on economic, social and cultural rights, covering inter alia the right to development; genetic resources for food and agriculture; the right to food (also in armed conflict); the definition of cultural rights; and business and human rights. Part Three has six essays on minority rights dealing with issues such as the role of the Working Group on Minorities; the Hague, Oslo and Lund recommendations regarding minority questions; the protection of kin-minorities; and the situation of the Greenlanders. Part Four has fourteen essays on human rights issues such as citizenship and human rights; human rights law, the environment and indigenous peoples; the role of human rights institutions; leadership in the human rights movement; the sources of fundamental rights in the European Union; and human rights and traditional practices. The book also contains a comprehensive bibliography of Asbjørn Eide.

National Minorities in Putin's Russia

Author : Federica Prina
Publisher : Routledge
Page : 280 pages
File Size : 55,7 Mb
Release : 2015-10-05
Category : Social Science
ISBN : 9781317672449

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National Minorities in Putin's Russia by Federica Prina Pdf

Using a human rights approach, the book analyses the dynamics in the application of minority policies for the preservation of cultural and linguistic diversity in Russia. Despite Russia’s legacy of ethno-cultural and linguistic pluralism, the book argues that the Putin leadership’s overwhelming statism and promotion of Russian patriotism are inexorably leading to a reduction of Russia’s diversity. Using scores of interviews with representatives of national minorities, civil society, public officials and academics, the book highlights the reasons why Russian law and policies, as well as international standards on minority rights, are ill-equipped to withstand the centralising drive toward ever greater uniformity. While minority policies are fragmented and feeble in contemporary Russia, they are also centrally conceived, which is exacerbated by a growing democratic deficit under Putin. Crucially, in today’s Russia informal practices and networks are frequently utilised rather than formal channels in the sphere of diversity management. Informal practices, the book argues, can at times favour minorities, yet they more frequently disadvantage them and create the conditions for the co-optation of leaders of minority groups. A dilution of diversity, the book suggests, is not only resulting in the loss of Russia’s rich cultural heritage but is also impairing the peaceful coexistence of the individuals and groups that make up Russian society.

Negotiating Norms

Author : Ricarda Rösch
Publisher : Springer Nature
Page : 402 pages
File Size : 42,9 Mb
Release : 2023-12-12
Category : Law
ISBN : 9783031459108

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Negotiating Norms by Ricarda Rösch Pdf

The book explores the right to free, prior and informed consent (FPIC) – a highly controversial right. It is mainly discussed in the context of large-scale business projects on Indigenous territories but also with respect to the creation of protected areas and communities’ traditional resource rights. From a legal anthropological perspective, it attempts to disentangle the various coexisting understandings of FPIC and provide an explanation for the multiplicity of FPIC norms or – to put it in other words – its fragmentation. It examines the right- or stakeholders of FPIC, the scope of the consent requirement, the respect for self-determined decision-making, and the right to FPIC of women in different sociolegal fields. Moreover, it explores the impact of power relations, strategic alliances, and discourses within these fields and shows that the emerging FPIC norms are the result of norm negotiation processes. The fields that are examined include transnational law – more specifically, human rights, environmental, and development law -, the Liberian post-conflict forest and land legislation, and Liberian community forests as fields in which FPIC is operationalized. Liberia is quite unique in this respect. It is not only one of the few countries in Africa recognizing FPIC but has also begun implementing it. The book shows that based on the logic of a sociolegal field, legal identities are discursively created and determine the meaning of FPIC. Moreover, different actors can resort to different legalities shaping the emerging FPIC norm.