Devising an Adequate System of Minority Protection
Author : Kristin Henrard
Publisher : BRILL
Page : 384 pages
File Size : 39,51 MB
Release : 2021-07-26
Category : Law
ISBN : 9004482504
Author : Kristin Henrard
Publisher : BRILL
Page : 384 pages
File Size : 39,51 MB
Release : 2021-07-26
Category : Law
ISBN : 9004482504
Author : G. Hogan-Brun
Publisher : Springer
Page : 246 pages
File Size : 43,84 MB
Release : 2003-11-11
Category : Language Arts & Disciplines
ISBN : 0230502997
Minority languages in Europe, as part of a common cultural heritage, need protection. The contributions to this book reflect urgent, stimulating and productive debates among researchers in sociolinguistics, linguistic anthropology, politics and sociology, and among language activists and policy makers. At the heart of the debate are the effectiveness of the existing political and legal frameworks aimed at protecting linguistic and cultural diversity, and prospects for the survival of minority languages in the process of European integration.
Author : European Centre for Minority Issues
Publisher : Council of Europe
Page : 247 pages
File Size : 41,23 MB
Release : 2004-01-01
Category : Political Science
ISBN : 9287154996
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.
Author : Kristin Henrard
Publisher : Cambridge University Press
Page : 475 pages
File Size : 10,6 MB
Release : 2008
Category : Law
ISBN : 0521864836
Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?
Author : Kristin Henrard
Publisher : Bloomsbury Publishing USA
Page : 329 pages
File Size : 19,35 MB
Release : 2002-08-30
Category : History
ISBN : 0313012148
Accommodation of population diversity is a vital issue for any multinational society. The legacy of Apartheid in South Africa complicates this effort considerably. Henrard introduces a theoretical framework regarding how to accommodate minority protection in the most appropriate way and analyzes the respective contributions of individual rights, minority rights, and the right to self-determination. Subsequent chapters examine the case study of post-apartheid South Africa and attempt to investigate its constitutional development. Henrard finds that provisions within the 1996 Constitution do acknowledge an interrelation between these three important factors; however, implementation of minority protection policy is often quite a different matter. In seeking appropriate means of minority protection, this study stresses inclusionism, integration, and the essential right to identity and real equality. While Henrard reviews and discusses the entire democratic transformation process in South Africa, she cautions that, because current developments are characterized by their unsettled nature, major transformation and flux, analysis of the implementation phase can be only indicative. The apartheid history does not in itself inhibit progressive stances on this important issue. Still, despite the promising nature of the 1996 Constitution, the picture that emerges in terms of policy development aimed at minority protection is ambivalent.
Author : Corsin Bisaz
Publisher : Martinus Nijhoff Publishers
Page : 258 pages
File Size : 22,1 MB
Release : 2012-08-28
Category : Law
ISBN : 9004228705
Through a collective biography of four scholars (Erich Kaufmann, Hans Kelsen, Hersch Lauterpacht and Hans J. Morgenthau) this book investigates how Jewish identity and intellectual ties to Judaic civilization in the German-speaking and legal context influenced international law. By using biblical constitutive metaphors, it argues that Jewish German lawyers inherited, "inter alia," a particular Jewish legal approach that framed their understanding of the law as a means to reach God. The overarching argument is that because of their Jewish heritage, Jewish scholars inherited the endorsement of earthly particularism for the sake of universalism and the other way around: for the sake of universalism, humanity s differences need to be solved through the law.
Author : Li Lin
Publisher : Paths International Ltd
Page : 600 pages
File Size : 41,10 MB
Release : 2012-06-01
Category : Social Science
ISBN : 1844642143
China's vast population contains a large number of disadvantaged or minority groups. Published in association with Social Science Academic Press (China), this unique book outlines what legal protection each minority group receives under Chinese law, together with a helpful comparative study on Chinese national and regional laws. Ground-breaking and detailed, it offers a comprehensive analysis of the various disparate aspects of minority rights protection in China, such as current anti-discrimination policy, the implementation of international standards for minority protection, and domestic legal protection for non-Chinese and ethnic minority groups. Written by leading Chinese scholars Li Lin and Li Xixia from The Institute of Law of the Chinese Academy of Social Sciences (CASS), & Lidija R. Basta Fleiner from The Institute of Federalism of the University of Fribourg, Switzerland.
Author : Borhan Uddin Khan
Publisher : Cambridge Scholars Publishing
Page : 165 pages
File Size : 14,81 MB
Release : 2013-01-16
Category : Political Science
ISBN : 144384571X
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 :
Publisher : BRILL
Page : 564 pages
File Size : 48,11 MB
Release : 2024-08-01
Category : Law
ISBN : 9004517960
This book aims to contribute to the global observance of the 75th anniversary of the Universal Declaration of Human Rights (UDHR), 1948. It considers nature and development of international human rights law. It considers how human rights interact with other regimes such as intellectual property, foreign direct investment, corporate social responsibility, international environmental law, humanitarian law, refugee law, economic law, and criminal law. The book then presents human rights of vulnerable populations and sets out contemporary challenges and issues relating to human rights, such as globalisation, the effects of COVID-19, religion, nationality, and the implementation of economic, social, and cultural rights.
Author : G. Alan Tarr
Publisher : Bloomsbury Publishing USA
Page : 256 pages
File Size : 43,94 MB
Release : 2004-08-30
Category : Law
ISBN : 0313051909
Whether federalism and subnational constitutions contribute to or undermine minority rights has long been a subject of controversy. Within the United States, the general view has been that federalism has been detrimental to minority rights. In contrast, other countries have seen federalism as crucial in safeguarding rights of ethnic and religious minorities. This volume provides the basis for a more nuanced assessment of the contributions of federalism and subnational constitutions to protecting minority rights by studying their impact in a variety of federal systems. This work explores both mature federal systems (Switzerland, United States) systems in transition (Belgium, Bosnia, Herzegovina), both quasifederal (Italy, Spain) and well-established systems (Germany), both systems with considerable homogeneity of population (Austria) and systems with extraordinary diversity (India). It also analyses the various constitutional arrangements that federal systems have devised for safeguarding minority rights and given them a voice in political deliberations.