Human And Minority Rights Protection By Multiple Diversity Governance

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Human and Minority Rights Protection by Multiple Diversity Governance

Author : Joseph Marko,Sergiu Constantin
Publisher : Routledge
Page : 622 pages
File Size : 54,7 Mb
Release : 2019-03-04
Category : Political Science
ISBN : 9781134830435

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Human and Minority Rights Protection by Multiple Diversity Governance by Joseph Marko,Sergiu Constantin Pdf

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.

Managing Babel: The International Legal Protection of Minorities in the Twentieth Century

Author : Li-Ann Thio
Publisher : BRILL
Page : 399 pages
File Size : 42,5 Mb
Release : 2005-01-01
Category : Law
ISBN : 9789047414957

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Managing Babel: The International Legal Protection of Minorities in the Twentieth Century by Li-Ann Thio Pdf

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.

Religious Diversity, State, and Law

Author : Joseph Marko,Maximilian Lakitsch,Franz Winter,Wolfgang Weirer,Kerstin Wonisch
Publisher : Studies in Territorial and Cul
Page : 0 pages
File Size : 49,9 Mb
Release : 2022-10-27
Category : Law
ISBN : 9004515852

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Religious Diversity, State, and Law by Joseph Marko,Maximilian Lakitsch,Franz Winter,Wolfgang Weirer,Kerstin Wonisch Pdf

Globalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe.0In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty, the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms, interreligious dialogue and peacebuilding and, not least, religious education.

International Approaches to Governing Ethnic Diversity

Author : Jane Boulden,Will Kymlicka
Publisher : OUP Oxford
Page : 288 pages
File Size : 43,9 Mb
Release : 2015-02-12
Category : Political Science
ISBN : 9780191664298

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International Approaches to Governing Ethnic Diversity by Jane Boulden,Will Kymlicka Pdf

One of the most remarkable features of the post-Cold War period has been the upsurge of international involvement in questions of ethnic diversity. From the United Nations and the European Court of Human Rights to diverse international philanthropic and advocacy organizations, a wide range of international actors have adopted policies and principles for addressing questions of ethnic rights, identity, and conflict. International Approaches to Governing Ethnic Diversity explores whether and how these international actors contribute to the peaceful and democratic governance of ethnic diversity. It focuses on two broad areas of international work: the evolution of international legal norms regarding the rights of minorities and indigenous peoples, and international approaches to conflict and post-conflict development. The 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. Most international actors come to questions of ethnic diversity indirectly and reluctantly, on the basis of widely varying mandates many of which were established to fulfill other objectives.They naturally therefore have different priorities and perspectives. And yet, the book identifies a striking convergence amongst international actors around discourses of diversity and equality, demonstrating the existence of an epistemic community where actors work within common vocabularies, discourses and principles that attempt to link human rights, pluralism, development and peace.

Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

Author : Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin
Publisher : BRILL
Page : 295 pages
File Size : 50,6 Mb
Release : 2021-08-30
Category : Law
ISBN : 9789004461666

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Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts by Bertus de Villiers,Joseph Marko,Francesco Palermo,Sergiu Constantin Pdf

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.

Navigating the Unknown

Author : Bertus de Villiers
Publisher : BRILL
Page : 316 pages
File Size : 40,5 Mb
Release : 2022-04-04
Category : Law
ISBN : 9789004512115

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Navigating the Unknown by Bertus de Villiers Pdf

In this book Bertus de Villiers offers by way of selected case studies unique insight into the design of institutions for minority protection and practical insights into contemporary minority issues.

A Dialogical Concept of Minority Rights

Author : Hanna H. Wei
Publisher : BRILL
Page : 276 pages
File Size : 46,5 Mb
Release : 2016-05-12
Category : Law
ISBN : 9789004312043

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A Dialogical Concept of Minority Rights by Hanna H. Wei Pdf

In A Dialogical Concept of Minority Rights, Hanna H. Wei offers a re-conceptualisation of the notion of minority rights as the first step of a possible solution to some of the theoretical and practical difficulties of minority protection.

Multicultural Citizenship

Author : Will Kymlicka
Publisher : Clarendon Press
Page : 296 pages
File Size : 42,9 Mb
Release : 1996-09-19
Category : Political Science
ISBN : 9780191622458

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Multicultural Citizenship by Will Kymlicka Pdf

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.

Old and New Minorities

Author : Roberta Medda-Windischer
Publisher : Nomos Verlagsgesellschaft
Page : 292 pages
File Size : 48,6 Mb
Release : 2009
Category : Assimilation (Sociology).
ISBN : UOM:39015079231786

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Old and New Minorities by Roberta Medda-Windischer Pdf

"The growing diversity of national communities has generated pressures for the construction of new and more defensible forms of accommodating social cohesion and diversity. The central question of this book is whether it is possible to develop a defensible model for minority integration encompassing the traditional dichotomy 'old-new' minorities and which reconciles unity and diversity. The book contends that it is possible to address this issues by bridging two fields of research: minorities and migration. Studying the interaction and similarities between 'old' and 'new' minority groups is a rather new task because so far these topics have been studied in isolation. It is also an important task for future research within Europe as many states have established systems of 'old' minority rights, but have not yet developed sound policies for the integration of new minority groups originating from migration. The volume is a valuable resource for academics, scholars, advanced students --

Minority Rights

Author : Clive Baldwin,Chris Chapman,Zoë Gray
Publisher : Unknown
Page : 46 pages
File Size : 44,8 Mb
Release : 2007
Category : Political Science
ISBN : STANFORD:36105124292603

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Minority Rights by Clive Baldwin,Chris Chapman,Zoë Gray Pdf

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.

Protecting Minority Rights in African Countries

Author : John M. Mbaku
Publisher : Edward Elgar Publishing
Page : 364 pages
File Size : 40,7 Mb
Release : 2018-01-26
Category : Political Science
ISBN : 9781786438614

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Protecting Minority Rights in African Countries by John M. Mbaku Pdf

In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens - including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa's struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities.From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.

Promoting and Protecting Minority Rights

Author : United Nations,United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 188 pages
File Size : 50,6 Mb
Release : 2012
Category : Political Science
ISBN : MINN:31951D035326161

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Promoting and Protecting Minority Rights by United Nations,United Nations. Office of the High Commissioner for Human Rights Pdf

"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.

Diversity in Action

Author : Anna-Mária Bíró,Petra Kovács
Publisher : Unknown
Page : 428 pages
File Size : 49,5 Mb
Release : 2001
Category : Political Science
ISBN : STANFORD:36105110380693

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Diversity in Action by Anna-Mária Bíró,Petra Kovács Pdf

Dotyczy m. in. Polski.

Minority Rights and Liberal Democratic Insecurities

Author : Anna-Mária Bíró,Dwight Newman
Publisher : Taylor & Francis
Page : 212 pages
File Size : 48,5 Mb
Release : 2022-11-11
Category : Political Science
ISBN : 9781000781526

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Minority Rights and Liberal Democratic Insecurities by Anna-Mária Bíró,Dwight Newman Pdf

This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. This collection stems from the fact that liberal democracy did not bring about the “end of history” but rather that the transatlantic region of Europe and North America has encountered a new era of instability, particularly since the global financial crisis. The transatlantic region may have appeared to be entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic states, the financial crisis itself and other changes, including mass migration, the rise of populism, changes in fundamental political conceptions, technological change, and most recently the Covid pandemic, have brought increasing uncertainties and instabilities in existing orders. In these contexts, the book investigates the resulting difficulties and opportunities for minority rights. Bringing together scholars from a range of disciplines who are engaged in work on various unstable orders, the book provides a unique and largely neglected perspective on present developments as well as addressing the pressing issue of the future of the minority rights regime at global, regional and national levels. This book will appeal to those with interests in minority rights, human rights, nationalism, law and politics.

Extending Protection to Migrant Populations in Europe

Author : Roberta Medda-Windischer,Caitlin Boulter,Tove H. Malloy
Publisher : Routledge
Page : 224 pages
File Size : 51,9 Mb
Release : 2019-07-16
Category : Political Science
ISBN : 9780429956171

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Extending Protection to Migrant Populations in Europe by Roberta Medda-Windischer,Caitlin Boulter,Tove H. Malloy Pdf

This comprehensive and innovative volume focuses on the usefulness and relevance of extending the scope of protections already in place for national minorities ('old minorities') to migrant populations ('new minorities') in Europe. Delving into a highly relevant but under-researched issue, the book examines the feasibility of expanding the system of protection for national minorities to migrant groups, as well as considering issues of diversity, security, socio-economic concerns and identity. Taking a multidisciplinary perspective, and combining insights from political science, law, sociology and anthropology, it asks the central question of how far the extension of policies and rights currently specific to national minorities is conceptually meaningful and beneficial to the integration of ‘new’ minorities. In doing so, it questions the feasibility and appropriateness of extending the scope of the protections already in place for national minorities to other categories of population. This book will be of key interest to scholars, students and practitioners of European Union politics, migration studies, minority studies and more broadly of sociology, international law and human rights.