Human Rights And Minority Rights In The European Union

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Human Rights and Minority Rights in the European Union

Author : Kirsten Shoraka
Publisher : Routledge
Page : 328 pages
File Size : 48,5 Mb
Release : 2010-06-17
Category : Law
ISBN : 9781136953996

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Human Rights and Minority Rights in the European Union by Kirsten Shoraka Pdf

The end of the Cold War has ushered a restructuring of the institutions of the European Community, culminating into its enlargement to Eastern Europe, under the aegis of economic integration, democracy and human rights. This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU’s policy on minorities, as a particular example of human rights. It considers the level of their protection within the EU and the framework of international law, and compares minority rights in the older Member States including France, Germany and the UK, with newer Eastern European states.

The Impact of EU Law on Minority Rights

Author : Tawhida Ahmed
Publisher : Bloomsbury Publishing
Page : 246 pages
File Size : 43,9 Mb
Release : 2011-01-12
Category : Law
ISBN : 9781847316172

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The Impact of EU Law on Minority Rights by Tawhida Ahmed Pdf

This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.

Minority Rights in the "new" Europe

Author : Peter Cumper,Steven Charles Wheatley
Publisher : Martinus Nijhoff Publishers
Page : 400 pages
File Size : 46,9 Mb
Release : 1999-02-04
Category : Law
ISBN : 9041111247

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Minority Rights in the "new" Europe by Peter Cumper,Steven Charles Wheatley Pdf

This collection of essays examines the legal regime in the post-Cold War era which has developed in response to the demands of ethnic, racial & religious groups in Europe. In essence this volume seeks to examine the 'old' problem of national minorities in the 'new' Europe. The essays examine the response of the main institutions within Europe (i.e. the Council of Europe, OSCE & European Union), the increasing recourse of states to bilateral arrangements, the developing content of minority rights, the challenges posed by state-building & the resolution of conflicts involving national minorities. Particular issues considered include the minorities situation in the Former Yugoslavia, the situation in Ukraine (in particular in Crimea), the position of the minority Catholic population in Northern Ireland, as well as developments in the context of autonomous regimes & power-sharing arrangements. At the end of the book, a collection of documents, which supplement these chapters & are relevant to minority rights in the 'New' Europe, can be found. Whilst the book's editors are both legal academics from the United Kingdom, the contributors' backgrounds are diverse & varied, originating from a number of different countries, with expertise in a wide variety of areas.

Minority Rights Jurisprudence Digest

Author : Alcidia Moucheboeuf,European Centre for Minority Issues,Council of Europe,Germany. Auswärtiges Amt
Publisher : Council of Europe
Page : 752 pages
File Size : 44,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789287159564

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Minority Rights Jurisprudence Digest by Alcidia Moucheboeuf,European Centre for Minority Issues,Council of Europe,Germany. Auswärtiges Amt Pdf

This publication contains information on the statements and judgements made in minority rights court cases by the following international bodies: the European Court of Human Rights (Council of Europe); the African Commission on Human and People's Rights; the European Court of Justice (European Union); the Inter-American Court of Human Rights, the International Court of Justice; the Permanent Court of International Justice and the United Nations Human Rights Committee. The information is organised under the following subject headings: assembly; association; discrimination; due process; education; effective participation; existence; expression; family life; group identity; international aspects; limitations, derogations and restrictions; linguistic rights; minority issues; religion; and socio-economic rights. A list of case summaries and the text of selected major international conventions in this field are included as annexes.

Double Standards Pertaining to Minority Protection

Author : Kristin Henrard
Publisher : BRILL
Page : 454 pages
File Size : 52,9 Mb
Release : 2010-10-05
Category : Law
ISBN : 9789004189713

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Double Standards Pertaining to Minority Protection by Kristin Henrard Pdf

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.

Human and Minority Rights Protection by Multiple Diversity Governance

Author : Joseph Marko,Sergiu Constantin
Publisher : Routledge
Page : 622 pages
File Size : 54,6 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.

The Protection of Minorities in the Wider Europe

Author : M. Weller,D. Blacklock,K. Nobbs
Publisher : Springer
Page : 296 pages
File Size : 47,6 Mb
Release : 2008-09-30
Category : Political Science
ISBN : 9780230582293

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The Protection of Minorities in the Wider Europe by M. Weller,D. Blacklock,K. Nobbs Pdf

This book examines whether we are moving towards an integrated regional system of legal provision for minorities. It illustrates the tension between newer member states, many of which have an interest in seeing minority issues addressed, and established members, which remain hesitant in committing themselves fully to a minority rights regime.

Minority Rights in Central and Eastern Europe

Author : Bernd Rechel
Publisher : Taylor & Francis
Page : 261 pages
File Size : 45,9 Mb
Release : 2010-06
Category : Europe, Central
ISBN : 9780415590310

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Minority Rights in Central and Eastern Europe by Bernd Rechel Pdf

This book provides a comprehensive assessment of minority rights in Central and Eastern Europe, covering all the countries of the region that have joined the EU since 2004, including Poland, Czech Republic, Hungary, Slovenia, Estonia, Lithuania, Latvia, Slovakia, Romania and Bulgaria.

Minorities, Minority Rights and Internal Self-Determination

Author : Ulrike Barten
Publisher : Springer
Page : 299 pages
File Size : 47,8 Mb
Release : 2014-09-23
Category : Law
ISBN : 9783319088761

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Minorities, Minority Rights and Internal Self-Determination by Ulrike Barten Pdf

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.

Minority Issues in Europe: Rights, Concepts, Policy

Author : Tove H. Malloy
Publisher : Frank & Timme GmbH
Page : 352 pages
File Size : 41,7 Mb
Release : 2013-10-16
Category : Political Science
ISBN : 9783865965431

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Minority Issues in Europe: Rights, Concepts, Policy by Tove H. Malloy Pdf

Minorities have been part of European history and politics since the middle of the 16th Century, often seen as obstacles to state-building and later as a threat to nation-building. Traditional minorities have had to fight their own way to be able to remain in their homelands, while new arrivals have been met with rejection and were expected to return home. Minorities are still seen as a threat to peace and security and mostly as outsiders. In the early 21st Century of inter-connected societies, minorities are more than ever an issue often seen as a threat to social cohesion. This book provides the advanced student with a multi-disciplinary, informed perspective on minority history and politics as well as social and cultural issues related to minority identity and minority existence in Europe.

Legal Code of Religious Minority Rights

Author : Daniele Ferrari
Publisher : Routledge
Page : 267 pages
File Size : 55,7 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781000424003

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Legal Code of Religious Minority Rights by Daniele Ferrari Pdf

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.

Research Handbook on Minority Politics in the European Union

Author : Tove H. Malloy,Balázs Vizi
Publisher : Edward Elgar Publishing
Page : 451 pages
File Size : 44,8 Mb
Release : 2022-11-25
Category : Political Science
ISBN : 9781800375932

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Research Handbook on Minority Politics in the European Union by Tove H. Malloy,Balázs Vizi Pdf

This timely Research Handbook provides a multidisciplinary overview of research on ethno-cultural minority issues at the supranational level of the EU. It delivers a state-of-the-art review of the EU’s approaches to development and institutional implementation of minority policies from the Treaty of Rome until today.

Mechanisms for the Implementation of Minority Rights

Author : European Centre for Minority Issues
Publisher : Council of Europe
Page : 247 pages
File Size : 49,6 Mb
Release : 2004-01-01
Category : Political Science
ISBN : 9789287154996

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Mechanisms for the Implementation of Minority Rights by European Centre for Minority Issues Pdf

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.

The European Minority Rights Regime

Author : David J. Galbreath,Joanne McEvoy
Publisher : Springer
Page : 213 pages
File Size : 45,8 Mb
Release : 2011-12-06
Category : Political Science
ISBN : 9780230359222

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The European Minority Rights Regime by David J. Galbreath,Joanne McEvoy Pdf

Evaluates the nature of the international governance of minority rights in the context of the enlargement of the European Union. This book examines the origin and development of the European Minority Rights Regime paying particular attention to the institutions, policies and actions of European organisations.

The Minority Question in Europe

Author : Florence Benoît-Rohmer,International Institute for Democracy
Publisher : Council of Europe
Page : 184 pages
File Size : 41,6 Mb
Release : 1996-01-01
Category : Political Science
ISBN : 9287129320

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The Minority Question in Europe by Florence Benoît-Rohmer,International Institute for Democracy Pdf

2nd Part : Annexes