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Author : Kristin Henrard
Publisher : BRILL
Page : 384 pages
File Size : 47,9 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004482500
Author : G. Hogan-Brun,S. Wolff
Publisher : Springer
Page : 238 pages
File Size : 44,7 Mb
Release : 2003-11-11
Category : Language Arts & Disciplines
ISBN : 9780230502994
Minority languages in Europe, as part of a common cultural heritage, need protection. The contributions to this book reflect urgent, stimulating and productive debates among researchers in sociolinguistics, linguistic anthropology, politics and sociology, and among language activists and policy makers. At the heart of the debate are the effectiveness of the existing political and legal frameworks aimed at protecting linguistic and cultural diversity, and prospects for the survival of minority languages in the process of European integration.
Author : European Centre for Minority Issues
Publisher : Council of Europe
Page : 247 pages
File Size : 41,6 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9789287154996
This book, the second in the series of publications on minority issues, examines the political and legal mechanisms available at European and international levels for the implementation of minority rights standards. Chapters cover the following topics: the concept of international minority rights; UN treaty monitoring bodies, particularly the Human Rights Committee; the UN Working Group on Minorities; the International Court of Justice; the European Court of Human Rights; the Framework Convention for the Protection of National Minorities; the European Charter for Regional or Minority Languages; the CSCE/OSCE mechanism for protection of minority rights; EU standards and mechanisms for the protection of minorities and the prevention of discrimination; bilateral agreements and their implementation.
Author : Kristin Henrard,Robert Dunbar
Publisher : Cambridge University Press
Page : 475 pages
File Size : 44,8 Mb
Release : 2008
Category : Law
ISBN : 9780521864831
Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?
Author : Kristin Henrard
Publisher : Bloomsbury Publishing USA
Page : 329 pages
File Size : 55,8 Mb
Release : 2002-08-30
Category : History
ISBN : 9780313012143
Accommodation of population diversity is a vital issue for any multinational society. The legacy of Apartheid in South Africa complicates this effort considerably. Henrard introduces a theoretical framework regarding how to accommodate minority protection in the most appropriate way and analyzes the respective contributions of individual rights, minority rights, and the right to self-determination. Subsequent chapters examine the case study of post-apartheid South Africa and attempt to investigate its constitutional development. Henrard finds that provisions within the 1996 Constitution do acknowledge an interrelation between these three important factors; however, implementation of minority protection policy is often quite a different matter. In seeking appropriate means of minority protection, this study stresses inclusionism, integration, and the essential right to identity and real equality. While Henrard reviews and discusses the entire democratic transformation process in South Africa, she cautions that, because current developments are characterized by their unsettled nature, major transformation and flux, analysis of the implementation phase can be only indicative. The apartheid history does not in itself inhibit progressive stances on this important issue. Still, despite the promising nature of the 1996 Constitution, the picture that emerges in terms of policy development aimed at minority protection is ambivalent.
Author : Corsin Bisaz
Publisher : Martinus Nijhoff Publishers
Page : 258 pages
File Size : 51,6 Mb
Release : 2012-08-28
Category : Law
ISBN : 9789004228702
Through a collective biography of four scholars (Erich Kaufmann, Hans Kelsen, Hersch Lauterpacht and Hans J. Morgenthau) this book investigates how Jewish identity and intellectual ties to Judaic civilization in the German-speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, "inter alia," a particular Jewish legal approach that framed their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity s differences need to be solved through the law.
Author : Li Lin
Publisher : Paths International Ltd
Page : 590 pages
File Size : 41,6 Mb
Release : 2012-06-01
Category : Social Science
ISBN : 9781844642144
China's vast population contains a large number of disadvantaged or minority groups. Published in association with Social Science Academic Press (China), this unique book outlines what legal protection each minority group receives under Chinese law, together with a helpful comparative study on Chinese national and regional laws. Ground-breaking and detailed, it offers a comprehensive analysis of the various disparate aspects of minority rights protection in China, such as current anti-discrimination policy, the implementation of international standards for minority protection, and domestic legal protection for non-Chinese and ethnic minority groups. Written by leading Chinese scholars Li Lin and Li Xixia from The Institute of Law of the Chinese Academy of Social Sciences (CASS), & Lidija R. Basta Fleiner from The Institute of Federalism of the University of Fribourg, Switzerland.
Author : Borhan Uddin Khan,Muhammad Mahbubur Rahman
Publisher : Cambridge Scholars Publishing
Page : 165 pages
File Size : 45,6 Mb
Release : 2013-01-16
Category : Political Science
ISBN : 9781443845717
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.
Author : G. Alan Tarr,Robert F. Williams,Josef Marko
Publisher : Bloomsbury Publishing USA
Page : 256 pages
File Size : 55,5 Mb
Release : 2004-08-30
Category : Law
ISBN : 9780313051906
Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems. This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.
Author : Helen O'Nions
Publisher : Routledge
Page : 344 pages
File Size : 55,7 Mb
Release : 2016-04-22
Category : Social Science
ISBN : 9781317095651
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 : Kristin Henrard
Publisher : BRILL
Page : 454 pages
File Size : 42,9 Mb
Release : 2010-10-05
Category : Law
ISBN : 9789004189713
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.
Author : F. Grin
Publisher : Springer
Page : 286 pages
File Size : 45,8 Mb
Release : 2003-08-19
Category : Language Arts & Disciplines
ISBN : 9780230502666
This book proposes an innovative treatment of minority language policies, by looking at them as policy options that can be methodically evaluated. The author applies the analytical concepts and technical tools of policy analysis to guide the reader through a step-by-step application of notions such as effectiveness and cost-effectiveness, with particular reference to the European Charter for Regional or Minority Languages. The thrust of this book is deeply interdisciplinary, and links the evaluation exercise to sociolinguistic, political and legal considerations.
Author : Mohammad Shahabuddin
Publisher : Cambridge University Press
Page : 277 pages
File Size : 44,7 Mb
Release : 2016-04-06
Category : Law
ISBN : 9781107096790
An historical analysis of how ethnicity shaped international law and why it is relevant to minorities and ethnic conflicts today.
Author : Patrick Thornberry,María Amor Martín Estébanez,Council of Europe
Publisher : Council of Europe
Page : 686 pages
File Size : 47,8 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789287153661
This publication discusses the main standards and mechanisms created by the Council of Europe and other international organisations to protect the rights of minorities in Europe, including key legal instruments such as the European Convention on Human Rights, the Framework Convention for the Protection of National Minorities, and the European Charter for Regional and Minority Languages. It reviews the monitoring activities in various Council of Europe member and non-member states, both prior to their accession and in their post-accession phase. The publication also includes a detailed examination of the case of the Roma/Gypsies, a specific minority without a 'kin state'.
Author : Claudia Tavani
Publisher : Martinus Nijhoff Publishers
Page : 394 pages
File Size : 51,8 Mb
Release : 2012-09-03
Category : Law
ISBN : 9789004233836
Is the use of mechanisms that only focus on the protection of individual human rights sufficient to protect the cultural identity of minorities? Much more can be achieved by adopting a system that applies the principles of equality and non-discrimination, and encompasses the recognition of a collective right to cultural identity. Culture and cultural identity are indeed important for the identification of groups and ethnicity. But are the Roma an ethnic group? Are they a minority? In answering these questions, Italy is used as a case study to illustrate the limits of non-discrimination provisions and the need to recognise the collective right to cultural identity.