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Author : Kristin Henrard,Robert Dunbar
Publisher : Cambridge University Press
Page : 475 pages
File Size : 50,7 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 : Unknown
Page : 475 pages
File Size : 55,7 Mb
Release : 1900
Category : Electronic
ISBN : 0511507534
There has recently been a remarkable growth in standard-setting with respect to the protection of minorities in international and European law. Layered on top of existing human rights standards relevant to minorities, these developments have resulted in a.
Author : Dunbar Robert Henrard Kristin
Publisher : Unknown
Page : 476 pages
File Size : 42,9 Mb
Release : 2014-05-14
Category : Law
ISBN : 0511508190
There has recently been a remarkable growth in standard-setting with respect to the protection of minorities in international and European law. Layered on top of existing human rights standards relevant to minorities, these developments have resulted in a.
Author : Kristin Henrard
Publisher : BRILL
Page : 454 pages
File Size : 55,5 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 : Hanna H. Wei
Publisher : BRILL
Page : 276 pages
File Size : 55,6 Mb
Release : 2016-05-12
Category : Law
ISBN : 9789004312043
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.
Author : Daniele Ferrari
Publisher : Routledge
Page : 267 pages
File Size : 42,7 Mb
Release : 2021-08-12
Category : Law
ISBN : 9781000424003
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.
Author : Fabienne Bretscher
Publisher : Routledge
Page : 273 pages
File Size : 50,5 Mb
Release : 2019-09-19
Category : Law
ISBN : 9780429559174
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 : C. Williams
Publisher : Springer
Page : 356 pages
File Size : 55,9 Mb
Release : 2013-10-30
Category : Language Arts & Disciplines
ISBN : 9781137000842
This is an analysis of the promises and contradictions surrounding contemporary minority language policy. It draws on theoretical and real-world perspectives and interviews with key players within European institutions together with field work undertaken principally in Ireland, Scotland, Wales, the Basque Country, Catalonia and Canada.
Author : Anna-Mária Bíró,Dwight Newman
Publisher : Taylor & Francis
Page : 212 pages
File Size : 55,7 Mb
Release : 2022-11-11
Category : Political Science
ISBN : 9781000781526
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.
Author : Rainer Hofmann,Tove H. Malloy,Detlev Rein
Publisher : BRILL
Page : 400 pages
File Size : 45,8 Mb
Release : 2018-02-22
Category : Law
ISBN : 9789004339675
The book offers an updated expert assessment of the implementation of the Framework Convention for the Protection of National Minorities through an article-by-article analysis and assessment of the scope of application during the first four cycles of monitoring
Author : Anne Lise Kjær,Silvia Adamo
Publisher : Routledge
Page : 261 pages
File Size : 50,9 Mb
Release : 2016-05-06
Category : Law
ISBN : 9781317104919
What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.
Author : Tove H. Malloy
Publisher : Frank & Timme GmbH
Page : 352 pages
File Size : 52,7 Mb
Release : 2013-10-16
Category : Political Science
ISBN : 9783865965431
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.
Author : Marc Weller,Katherine Nobbs
Publisher : Unknown
Page : 921 pages
File Size : 41,7 Mb
Release : 2010
Category : Law
ISBN : 9780199569984
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.
Author : Dia Anagnostou
Publisher : Bloomsbury Publishing
Page : 261 pages
File Size : 44,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782251866
Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
Author : Tove H. Malloy,Caitlin Boulter
Publisher : Frank & Timme GmbH
Page : 286 pages
File Size : 40,6 Mb
Release : 2019-03-18
Category : Political Science
ISBN : 9783732905058
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.