Protection Of Minorities

Author : Borhan Uddin Khan,Muhammad Mahbubur Rahman
Publisher : Cambridge Scholars Publishing
Page : 165 pages
File Size : 40,5 Mb
Release : 2013-01-16
Category : Political Science
ISBN : 9781443845717

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Protection of Minorities by Borhan Uddin Khan,Muhammad Mahbubur Rahman Pdf

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 : Athanasia Spiliopoulou Åkermark
Publisher : BRILL
Page : 331 pages
File Size : 45,9 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479876

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Justifications of Minority Protection in International Law by Athanasia Spiliopoulou Åkermark Pdf

This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.

Author : Yoram Dinstein,Mala Tabory
Publisher : BRILL
Page : 549 pages
File Size : 45,5 Mb
Release : 2023-11-27
Category : Law
ISBN : 9789004638785

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The Protection of Minorities and Human Rights by Yoram Dinstein,Mala Tabory Pdf

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.

Author : Kristin Henrard
Publisher : BRILL
Page : 384 pages
File Size : 49,9 Mb
Release : 2021-07-26
Category : Law
ISBN : 9789004482500

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Devising an Adequate System of Minority Protection by Kristin Henrard Pdf

Author : Li-Ann Thio
Publisher : BRILL
Page : 399 pages
File Size : 40,8 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.

Author : James Fawcett
Publisher : Unknown
Page : 20 pages
File Size : 49,9 Mb
Release : 1979
Category : Electronic
ISBN : OCLC:441312543

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The International Protection of Minorities by James Fawcett Pdf

Author : Fabienne Bretscher
Publisher : Routledge
Page : 273 pages
File Size : 51,7 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429559174

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Protecting the Religious Freedom of New Minorities in International Law by Fabienne Bretscher Pdf

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.

Author : Minority Rights Group
Publisher : Unknown
Page : 392 pages
File Size : 48,9 Mb
Release : 1995
Category : Ethnic groups
ISBN : UOM:35112200666487

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Universal Minority Rights by Minority Rights Group Pdf

Of the CSCE (1990)

Author : Javaid Rehman
Publisher : BRILL
Page : 282 pages
File Size : 54,8 Mb
Release : 2021-10-05
Category : Law
ISBN : 9789004478466

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The Weaknesses in the International Protection of Minority Rights by Javaid Rehman Pdf

The issue of minority rights continues to occupy a sensitive position in international law. Historical as well as contemporary events show that the subject is also capable of engulfing the international community as a whole. The contention of the present study is that international law is in itself a difficult medium for providing adequate rights for minorities and for effectively safeguarding those rights. This volume analyses the weaknesses in the international protection of minority rights through a detailed examination of the practices and policies of Pakistan. Thought-provoking and original in its approach, this volume will prove to be of enormous value to international human rights lawyers and to scholars engaged in the study of minority rights in South-Asia and Pakistan.

Author : Kristin Henrard
Publisher : BRILL
Page : 454 pages
File Size : 46,6 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.

Author : Clive Baldwin,Chris Chapman,Zoë Gray
Publisher : Minority Rights Group
Page : 44 pages
File Size : 52,9 Mb
Release : 2007-05-12
Category : Social Science
ISBN : 9781904584629

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Minority Rights: The Key to Conflict Prevention by Clive Baldwin,Chris Chapman,Zoë Gray Pdf

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.

Author : James Edmund Sandford Fawcett
Publisher : [London] : Minority Rights Group
Page : 28 pages
File Size : 40,5 Mb
Release : 1979
Category : Human rights
ISBN : STANFORD:36105081164761

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The International Protection of Minorities by James Edmund Sandford Fawcett Pdf

Author : James Fawcett
Publisher : Unknown
Page : 20 pages
File Size : 52,8 Mb
Release : 1990-12-31
Category : Electronic
ISBN : 0903114674

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International Protection of Minorities by James Fawcett Pdf

Author : European Commission for Democracy through Law
Publisher : Council of Europe
Page : 444 pages
File Size : 49,5 Mb
Release : 1994-01-01
Category : Political Science
ISBN : 928712647X

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The Protection of Minorities by European Commission for Democracy through Law Pdf

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.

Author : Satish Chandra
Publisher : Mittal Publications
Page : 272 pages
File Size : 52,8 Mb
Release : 1986
Category : Human rights
ISBN : 8210379456XXX

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International Protection of Minorities by Satish Chandra Pdf