Human and Minority Rights Protection by Multiple Diversity Governance

Human and Minority Rights Protection by Multiple Diversity Governance
Author: Joseph Marko
Publisher: Routledge
Total Pages: 622
Release: 2019-03-04
Genre: Political Science
ISBN: 1134830432

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.

Protecting Minority Rights in African Countries

Protecting Minority Rights in African Countries
Author: John M. Mbaku
Publisher: Edward Elgar Publishing
Total Pages: 419
Release: 2018-01-26
Genre: Political Science
ISBN: 1786438615

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

Promoting and Protecting Minority Rights
Author: United Nations
Publisher:
Total Pages: 188
Release: 2012
Genre: Business & Economics
ISBN:

"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.

State of the World’s Minorities and Indigenous Peoples 2016

State of the World’s Minorities and Indigenous Peoples 2016
Author: Peter Grant
Publisher: Minority Rights Group
Total Pages: 112
Release: 2016-07-12
Genre: Social Science
ISBN: 1907919805

The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.

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

Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts
Author: Bertus de Villiers
Publisher: BRILL
Total Pages: 295
Release: 2021-08-30
Genre: Law
ISBN: 9004461663

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.

Framework Convention for the Protection of National Minorities

Framework Convention for the Protection of National Minorities
Author: Council of Europe
Publisher: Council of Europe
Total Pages: 88
Release: 2005-01-01
Genre: Social Science
ISBN: 9789287157027

The protection of national minorities is a core issue for the Council of Europe, and one of the major achievements in this field is the Framework Convention for the Protection of National Minorities. The entry into force of the Framework Convention on 1 February 1998 was indeed an event of universal stature, for it is the first ever legally binding multilateral instrument devoted to the protection of national minorities in general. Its importance is widely acknowledged, and the number of ratifications has grown rapidly. Simultaneously, an emphasis is being placed on the implementation and on the efficient functioning of the monitoring mechanism of the Framework Convention. This collection provides all those interested in the protection of national minorities a user-friendly compilation of the basic texts concerning the Framework Convention. In addition to the Framework Convention and its explanatory memorandum, the collection contains texts pertaining to the monitoring mechanism in general and the Advisory Committee in particular. It further provides the state of signatures and ratifications as well as declarations and reservations. It also contains a list of State Reports received and Opinions of the Advisory Committee adopted under both the first and second cycles of monitoring.

Populism, Memory and Minority Rights

Populism, Memory and Minority Rights
Author: Anna-Mária Bíró
Publisher: BRILL
Total Pages: 438
Release: 2018-11-26
Genre: Law
ISBN: 9004386424

Populism, Memory and Minority Rights is the flagship publication of the Tom Lantos Institute (TLI), a highly-regarded international human rights institute based in Budapest, Hungary. The publication provides a forum for discussion on crucial themes of global and regional importance on the accommodation of ethno-cultural diversity and related normative developments. It introduces TLI’s work in terms of its mandated issue areas, including Roma rights and citizenship, Jewish life and antisemitism, and Hungarian and other national minorities. The theoretical and empirical studies, commentaries, interviews, reports and other documents offer a unique source of information for libraries, research institutes, civil society actors, governments, intergovernmental organizations and all those interested in contemporary normative trends and debates in international minority protection.

Multiculturalism and Minority Rights in the Arab World

Multiculturalism and Minority Rights in the Arab World
Author: Will Kymlicka
Publisher:
Total Pages: 308
Release: 2014
Genre: Law
ISBN: 0199675139

Explores the obstacles to multiculturalism and minority rights in Arab states, including the history of European manipulation of minority politics.

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

Managing Babel: The International Legal Protection of Minorities in the Twentieth Century
Author: Li-Ann Thio
Publisher: BRILL
Total Pages: 399
Release: 2005-01-01
Genre: Law
ISBN: 9047414950

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.