Toward Participatory Equality: Protecting Minority Rights under International Law

2008 ◽  
Vol 41 (3) ◽  
pp. 635-676 ◽  
Author(s):  
Yousef T. Jabareen
Keyword(s):  
International Law ◽  
Legal System ◽  
Minority Groups ◽  
Model Building ◽  
Minority Rights ◽  
National Minority ◽  
Moral Claim ◽  
Normative Claim ◽  
Principles Of Justice ◽  
Legal Frameworks

The principal claim made by this Article is that the realization of full and effective equality for all citizens and residents within a multi-ethnic state requires “participatory equality.” Creating a system of participatory equality entails, for most states, making drastic and fundamental changes to the state's legal system, public spaces, social and economic structures, and funding and space provided for ethnic, cultural, and religious institutions; however, this type of transformation is the only means of respecting human dignity and ensuring peace. This claim is first made as a normative moral claim based on principles of justice and dignity; as this Paper will show, a broad and effective interpretation of international law concerning minority rights supports the same normative claim.This Article first reviews existing international law and other legal frameworks regarding national minority rights, including discussions of the specific case of indigenous peoples'rights and the intersection between individual and collective rights. The bulk of the Paper proposes a universal model, building upon existing legal frameworks, for building participatory equality for all members of a society, which requires the full and equal sharing of its resources in three primary domains: the public, the internal, and the historical domain. The need for such a model is all the more so for indigenous and minority groups of substantial size living under systems that cater to a majority based on ethnicity, religion, race or other dominant traits. Only when a nation's legal system secures the rights of all citizens to share equally in all of these domains can that nation fulfill the purpose of international minority rights legal bodies and deliver substantive equality to majority and minority concerns, both in law and practice.

New minorities, old instruments? Diversity governance from the perspective of minority rights

2016 ◽  
Vol 13 (2) ◽  
pp. 178-192
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Minority Rights ◽  
Minority Protection ◽  
Common Definition ◽  
National Minorities ◽  
Scope Of Application

In international law, minority rights instruments have been traditionally conceived for, and applied to, old minority groups with the exclusion of new minority groups originating from migration. Yet, minority groups, irrespective of their being old or new minorities, can be subsumed under a common definition and have some basic common claims. This allows devising a common but differentiated set of rights and obligations for old and new minority groups alike. This paper argues that the extension of the scope of application of legal instruments of minority protection, such as the Framework Convention for the Protection of National Minorities (FCNM), is conceptually meaningful and beneficial to the integration of new minorities stemming from migration. 

Minority Rights, Multiculturalism and the Roma of Europe

2007 ◽  
Vol 76 (4) ◽  
pp. 363-406 ◽  
Author(s):  
William Barth
Keyword(s):  
Human Rights ◽  
Political Theory ◽  
Minority Groups ◽  
Geographical Location ◽  
Minority Rights ◽  
Cultural Development ◽  
European Convention ◽  
The European Union ◽  
Normative Claim ◽  
Roma Population

AbstractIn this article, I review legal initiativaes to improve conditions for the Roma peoples who live in the states of Europe. The question is timely given the accession of Romania and Bulgaria to the European Union on 1 January 2007. Romania contains the largest concentration of the Roma population in Europe. My article uncovers a schism between political theory and international law on the question of minority rights. I distinguish how the conclusions of Will Kymlicka, one of the most prolific writers on the subject of multiculturalism in political theory, differ from the international jurisprudence that protects minority groups. In this essay, I analyse Kymlicka's claim that multicultural policies are contextually dependent, and an inappropriate subject for a common legal regime of international human rights treaties. To determine the implications of human rights jurisprudence for this normative claim, I also research court cases filed by the Roma under the European Framework Convention for the Protection of Minorities and the European Convention for the Protection of Human Rights and Fundamental Freedoms. I contrast the international treaties that protect minority groups from political theorist accounts of multiculturalism in three areas. First, my article discusses jurisdictional issues concerning whether the particular groups defined by minority rights, irrespective of their geographical location or contextual experience, are proper subjects for protection by a common rights regime. Next, I illustrate how cultural rights are distinguishable from traditional civil rights laws. Finally, I examine how the historic persecution of the Roma violates human rights standards that protect minorities. The Roma have a long and unique relationship with the European states, which serves to demonstrate whether or not a common regime of minority rights safeguards the cultural development of the Roma.

The Inter-relationship between International and National Minority-Rights Law in Selected Western Balkan States

2009 ◽  
Vol 34 (4) ◽  
pp. 307-335
Author(s):  
Benedikt Harzl ◽  
Alice Engl
Keyword(s):  
Constitutional Law ◽  
Minority Groups ◽  
Minority Rights ◽  
National Minority ◽  
Minority Protection ◽  
Legal Provisions ◽  
Balkan States ◽  
International Instruments ◽  
Violent Conflicts ◽  
Shed Light

AbstractThe violent conflicts that erupted after the breakup of communist regimes (especially in the former Socialist Federal Republic of Yugoslavia) have gradually changed the standing of minority rights and minority protection: first, the differential treatment of minority groups has become a legitimate—if not necessary—instrument to guarantee equality and stability, and, second, minority-rights legislation and minority protection are increasingly regarded as a responsibility shared among national and international actors. This inter-relationship between international instruments and national legal provisions can be usefully observed particularly in the states that emerged from the breakup of Yugoslavia. Due to the necessity of ensuring peace and stability, the constitutions of these emerging states have been increasingly influenced by international norms and standards for minority protection—a process that can be characterized as the 'internationalization of constitutional law'. This article assesses these developments, at both the national and international levels, in order to shed light on the particular inter-relationship among these different layers, by looking at the example of selected Western Balkan states.

Right to Self-Determination in International Law: Towards Theorisation of the Concept of Indigenous Peoples/National Minority?

2012 ◽  
Vol 19 (4) ◽  
pp. 481-532 ◽  
Author(s):  
Prosper Nobirabo Musafiri
Keyword(s):  
International Law ◽  
Indigenous Peoples ◽  
Minority Groups ◽  
Self Determination ◽  
National Minority ◽  
International Level ◽  
International Human Rights ◽  
Indigenous Minority ◽  
International Human ◽  
The Right

The problem of the concept of the right to self-determination under international human rights is that it is vague and imprecise. It has, at the same time, generated controversy as it leaves space for multiple interpretations in relevant international legal instruments. This paper examines if indigenous people and minority groups are eligible to the right to self-determination. If so, what is the appropriate interpretation of such right, in light of indigenous/minority groups at national as well as the international level?

The Weaknesses in the Minority Rights Protection Framework within the European Regional Human Rights System

De Jure ◽  
2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Mohammed Sanka ◽  
◽  
◽  
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Minority Rights ◽  
Political Rights ◽  
The European Union ◽  
Rights Protection ◽  
Regional Systems ◽  
European System ◽  
European Regional ◽  
The Eu

Much of the discourse on minority rights protection under international law is focused on the UN system, notably article 27 of the International Covenant on Civil and Political Rights and the Declaration on the Rights of National or Ethnic, Religious or Linguistic Minorities. In such discourse, the regional systems, especially the more comprehensive and progressive European system, are not appraised as often as they should be. The author of this paper focuses therefore on the minority rights protection regime within the European Union. And in doing so, he gives an overview of the legal instruments and mechanisms dedicated to the protection of minority rights within the EU, analyzes the loopholes of this system and makes critical conclusions on the suitability of this system to the concerns minority groups face.

scholarly journals FORMATION AND DEVELOPMENT OF NATIONAL MINORITY RIGHTS PROTECTION IN INTERNATIONAL LAW

2020 ◽  
Vol 33 (20) ◽  
pp. 159-166
Author(s):  
V.O. Nahorna
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Rights ◽  
Legal Regulation ◽  
League Of Nations ◽  
European Convention ◽  
National Minority ◽  
General Tendency ◽  
Universal System ◽  
National Minorities

The article focuses on the evolutionary development of international legal regulation in the field of protection of the national minority rights from the Westphalian system of international relations to the present. The aspiration of non-dominant groups to preserve their cultural, religious, or ethnic background was manifested simultaneously with the emergence of nation-states in the seventeenth century. However, since then, the international community has not reached a consensus on the content of the concept of minority: a unified approach to the issue has not been elaborated in either international legal acts, law doctrine, or judicial practice. At the universal level, the protection of minority rights in international law was institutionalized only during the functioning of the League of Nations. The established procedures for the implementation and control over the observance of minority rights within the League of Nations were elaborated in sufficient detail and provided for effective collective security measures to resolve international disputes and problems arising in connection with the protection of minority rights. Indeed, this system also had a number of significant shortcomings that were subsequently taken into account when establishing mechanisms for the protection of minority rights within the United Nations. In reviewing international legal acts after 1945, the following general tendency should be emphasized. It concerns the adoption of a large array of documents in this field, most of which are advisory and general in nature. This is explained by the fact that minority issues are a sensitive area of public relations, and states are reluctant to make this sphere regulated by international law. The Council of Europe Framework Convention for the Protection of National Minorities (1995) became the first legally binding legislative act on the protection of minorities in general, and this fact makes it fundamentally important. The absence of the norms directly aimed at the protection of national minorities in the catalog of rights guaranteed by the European Convention on Human Rights (1950) cannot but affects the efficient application of the mechanism of the European Court by national minorities. However, the link between human rights violations and minority rights allows the latter to fight for the restoration of individual human rights protected by the European Convention, which undoubtedly plays a positive role in the context of the protection of collective minority rights. Keywords: national minorities, periodization, universal system for the protection of human rights, Framework Convention for the Protection of National Minorities, ECHR.

scholarly journals Minority rights and minority identities - Sámi in Finland and Sorbs in Germany

2001 ◽  
pp. 83-102
Author(s):  
Toivanen Reetta
Keyword(s):  
Ethnic Minorities ◽  
Minority Groups ◽  
Minority Rights ◽  
Field Studies ◽  
National Minority ◽  
Minority Protection ◽  
National Movements ◽  
Specific Meaning ◽  
Definition Of ◽  
Minority Identities

This paper deals with intemational minority rights and their meaning as an identityresource fr ethnic minorities. It asks why small national groups, such as the Sami andthe Sorbs, have not vanished, as was prophesied by modemisation theorists. In fact,the opposite has occurred. In Europe, small national minority groups are now clearlygaining more opportunities to invent their own "national" policies. After a short introductionthat provides some general background, 1discuss some common definitions ofminority rights and the specific meaning of 'minority identity' used in this paper. Then,1 show how minority rights and minority identities are linked to each other, and whyand how intemational minority protection treaties have become a part of the everydayvocabulary of Sami, Sorb and many other national movements. The examples 1 useoriginate mostly from my field studies with the Sorbs in Eastem Germany and the Samiin Northem Finland. 1 argue that not only the image of the group projected to itsmembers is influenced by these treaties, but that the definition of the group itself is alsochanged.

scholarly journals Strengthening Universal Jurisdiction for Maritime Piracy Trials to Enhance a Sustainable Anti-Piracy Legal System for Community Interests

2021 ◽  
Vol 13 (13) ◽  
pp. 7268
Author(s):  
Jing Jin ◽  
Erika Techera
Keyword(s):  
International Law ◽  
Legal System ◽  
Universal Jurisdiction ◽  
Maritime Piracy ◽  
New Developments ◽  
Customary International Law ◽  
United Nations Convention ◽  
Legal Frameworks ◽  
International Instruments ◽  
International Conventions

Although universal jurisdiction over piracy has long existed in customary international law and international conventions, such as the Convention on the High Seas (HSC) and the United Nations Convention on the Law of the Sea (UNCLOS), the piracy situation has been changing. The subsidence of Somali piracy provides an opportunity for rethinking how to strengthen universal jurisdiction for maritime piracy trials to enhance a sustainable anti-piracy legal system. The incidents of Somali piracy have resulted in some new developments in exercising universal jurisdiction: the separation of seizing, prosecuting, and imprisoning States; the consideration of creative piracy prosecution mechanisms; the increased focus on land-based facilitation of piracy; enhanced international cooperation; and expanded universal jurisdiction. This leads to several main challenges in existing legal frameworks, including weaknesses in UNCLOS, the disharmony among international instruments, and defects in domestic piracy legislation. In order to sustain and improve the anti-piracy legal system, universal jurisdiction over piracy should be incrementally strengthened to support the prosecution of pirates by States. To address the trends and challenges, this article explores how the legal system can be enhanced in two respects: adjusting the basic provisions of universal jurisdiction over piracy and refining the relevant measures in exercising that jurisdiction to prosecute pirates.

On diversity in the social sciences: Why homogeneous research groups are an ethical mistake

2018 ◽  
Author(s):  
Amy Nusbaum ◽  
Toby SantaMaria
Keyword(s):  
Minority Groups ◽  
Academic Science ◽  
Research Groups ◽  
Ethical Perspective ◽  
Scientific Enterprise ◽  
Social Scientists ◽  
Social Good ◽  
The Social ◽  
Public Responsibility ◽  
Principles Of Justice

The scientific enterprise reflects society at large, and as such it actively disadvantages minority groups. From an ethical perspective, this system is unacceptable as it actively undermines principles of justice and social good, as well as the research principles of openness and public responsibility. Further, minority social scientists lead to better overall scientific products, meaning a diverse scientific body can also be considered an instrumental good. Thus, centering minority voices in science is an ethical imperative. This paper outlines what can be done to actively center these scientists, including changing the way metrics are used to assess the performance of individual scientists and altering the reward structure within academic science to promote heterogenous research groups.

Forensic Evidence in Proving Crimes: Exploring the Legal Frameworks of Sharīʿah Bukti Forensik Bagi Membuktikan Jenayah: Menerokai Rangka Kerja Guaman Sharīʿah

2016 ◽  
Vol 13 (1) ◽  
pp. 220-247
Author(s):  
Sayyid Mohammad Yunus Gilani ◽  
K. M. Zakir Hossain Shalim
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Common Law ◽  
Legal Framework ◽  
New Method ◽  
Criminal Investigation ◽  
Forensic Evidence ◽  
Administration Of Justice ◽  
Legal Frameworks

AbstractForensic evidence is an evolving science in the field of criminal investigation and prosecutions. It has been widely used in the administration of justice in the courts and the Western legal system, particularly in common law. To accommodate this new method of evidence in Islamic law, this article firstly, conceptualizes forensic evidence in Islamic law.  Secondly, explores legal frameworks for its adoption in Islamic law. Keywords: Forensic Evidence, legal framework, Criminal Investigation, Sharīʿah.AbstrakBukti forensik adalah sains yang sentiasa berkembang dalam bidang siasatan jenayah dan pendakwaan. Ia telah digunakan secara meluas dalam pentadbiran keadilan di mahkamah dan sistem undang-undang Barat, terutamanya dalam undang-undang common (common law). Untuk menampung kaedah pembuktian baru ini dalam undang-undang Islam, artikel ini, pertamanya, konseptualisasikan bukti forensik dalam undang-undang Islam. Kedua, ia menerokai rangka kerja undang-undang untuk penerimaannya dalam undang-undang Islam.Kata Kunci: Bukti Forensik, Rangka Kerja Guaman, Siasatan Jenayah, Sharīʿah.

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