The Struggle for Minority Rights and Human Rights: Current Trends and Challenges

Author(s):  
Rainer Grote
Author(s):  
Talbot C. Imlay

In examining the efforts of European socialists to forge a common position towards the issue of post-war empires, this chapter highlights some of the political stakes involved in decolonization. As debates between European and Asian socialists suggest, the process of decolonization witnessed a struggle between competing rights: national rights, minority rights, and human (individual) rights. Each set of rights possessed far-reaching political implications, none more so than minority rights, as they were often associated with limits on national sovereignty. These limits could be internal, such as constitutional restraints on the working of majority rule; but they could also take the form of external constraints on sovereignty, including alternatives to the nation state itself. The victory of the nation state, in other words, was inextricably tied to the defeat of minority rights as well as the growing predominance of human rights.


2021 ◽  
Vol 14 (2) ◽  
pp. 227-242
Author(s):  
Linda Novianti

This study aims to encourage the creation of a sense of security and peace for religious minorities in carrying out their obligations as religious communities. This study shows that minority rights are one of the most difficult problems faced by Muslims in today's context. In fact, minority rights have been regulated in the Al-Quran and were directly practiced by the Prophet Muhammad when leading Medina and confirmed in the form of the constitution of Medina. This study uses a qualitative normative approach. The results of this study conclude that Islam as a religion that teaches its people that plurality and plurality are sunatullah which need not be questioned as long as they do not contradict the principles of faith and human rights. Then Islam observes that the protection of minority rights is the prevention of economic, social, cultural, political and legal discrimination with the aim of equalizing positions without imposing boundaries based on differences from one another.


2017 ◽  
Vol 24 (3) ◽  
pp. 205-228
Author(s):  
Stephanie E. Berry

The international human rights (ihr) and international minority rights (imr) regimes have very different origins. However, the two regimes converged in the 20th century, and imr are now understood to be a sub-regime of ihr. This article argues that the different historical origins of the two regimes impact how actors within each regime interpret their mission, and have resulted in institutional fragmentation within the Council of Europe. The mission of the European Court of Human Rights is the promotion and protection of democracy, whereas the Advisory Committee to the Framework Convention for the Protection of National Minority’s mission is the preservation of minority identity. In practice, this has led to conflicting interpretations of multi-sourced equivalent norms. It is suggested that inter-institutional dialogue provides an avenue through which these conflicting interpretations can be mediated.


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