Relating Human Rights, Minority Rights and Self-Determination to Minority Protection

2004 ◽  
pp. 40-56
Author(s):  
Kristin Henrard
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Self Determination ◽  
Minority Protection

21. Indigenous peoples’ and minority rights

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

The Uncomfortable Balance between a Minority and a People: The Global/Local Disconnect

2017 ◽  
Vol 24 (3) ◽  
pp. 254-272
Author(s):  
Parvathi Menon
Keyword(s):  
International Law ◽  
Personal Characteristic ◽  
Minority Rights ◽  
Self Determination ◽  
Minority Protection ◽  
Political Processes ◽  
Minority Identity ◽  
The Right ◽  
The Relationship

The legitimacy of secessionist movements has emerged as an important debate, while the protection of minorities within a democracy has become merely of peripheral interest to international law. My project suggests that the advent of universalized (minority) rights re-conceptualized the majority-minority relationship and its balance, reducing the possibilities of political processes to balance the relationship. What was construed as a redress for dichotomous relationships between the oppressor and the oppressed through (the right to) self-determination, became a discourse between minority (identity) rights and a democratic entitlement, post-colonially. These norms universalized a demand to rethink minority protection, no longer from the perspective of advantaged and disadvantaged; rather, to introduce perspectives of individuals polarized around a personal characteristic in their identity thus establishing/reinforcing the inferiority of their identity within the hierarchy.

Minority Protection in International Law: From Standard-Setting to Implementation

1999 ◽  
Vol 68 (2) ◽  
pp. 131-160
Author(s):  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Rights ◽  
Broad Perspective ◽  
Minority Protection ◽  
Monitoring Process ◽  
International Monitoring ◽  
State Compliance ◽  
Potential Impact ◽  
Minority Regime

AbstractIn recent years, minority issues regularly feature on the international agenda, due to growing concerns for human rights and stability. Minority rights instruments are being multiplied accordingly. While this is no doubt a welcome development, the fact that the effectiveness of any (present and future) minority regime remains to be tested through an adequate implementation machinery should not be overlooked. The aim of this paper is to examine the international monitoring mechanisms which are relevant to minority protection, with a view to discussing the prospects for improving State compliance. An overview of such mechanisms and a focus on some basic, contemporary elements of the resulting monitoring process, afford the basis for a set of forward-looking reflections on the problem of the implementation of minority rights standards. An attempt has been made at analysing the relevant patterns of scrutiny within a broad perspective, namely in relation to their real and/or potential impact on minority protection as embraced by international law.

19. Indigenous peoples’ and minority rights

2019 ◽  
pp. 348-374
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

Democracy in International Law: A European Perspective

2002 ◽  
Vol 51 (2) ◽  
pp. 225-248 ◽  
Author(s):  
Steven Wheatley
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Rights ◽  
Self Determination ◽  
European Perspective ◽  
Effective Implementation ◽  
Form Of Government ◽  
The Will

For lawyers in general, and international lawyers in particular, democracy is a neglected concept. Discourse is dominated by the ideas of human rights for individuals and minority or self-determination rights for groups. Those who seek greater protection for vulnerable members of a community argue for the recognition of new rights, or the more effective implementation of existing rights. They do not argue for more democracy. Indeed, given that claims for human and minority rights are not made only against authoritarian governments, but also democratic ones, there must exist an implied assumption that democracy is, by itself, not capable of protecting the interests of vulnerable minorities. Moreover, as the form of government which apparently venerates the will of the majority, democracy might be considered by some as being downright hostile to the interests of individuals and minorities.

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