19. Indigenous peoples’ and minority rights

10.1093/he/9780198805212.003.0021 ◽

2017 ◽

Author(s):

Rhona K. M. Smith

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Minority Rights ◽

Political Rights ◽

Minority Status ◽

Human Rights Law ◽

Minority Protection ◽

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 Protection of Minorities and Indigenous Peoples in International Law: A Comparative Temporal Analysis

International Journal on Minority and Group Rights ◽

10.1163/157181110x512142 ◽

2010 ◽

Vol 17 (3) ◽

pp. 393-422

Author(s):

Joshua Castellino

Keyword(s):

Human Rights ◽

International Law ◽

Indigenous Peoples ◽

Minority Rights ◽

Temporal Analysis ◽

Human Rights Law ◽

Human Rights Regime ◽

AbstractIt is easy to detect a sense of achievement with the extent to which the human rights regime has progressed 60 years after the Universal Declaration of Human Rights. The relative international successes suggest a bright outlook for the future of the human rights regime. However, an important lacuna remains in the attention that ought to be paid to minorities, indigenous peoples and others in vulnerable situations, including in some instances, women. This paper argues that despite the creation of sophisticated systems of international human rights law, the regimes for the protection of minority rights were stronger before the United Nations (UN) era. In support of this argument it seeks to assess regimes that existed at three different times, attempting to extrapolate and analyse the snapshots presented by these through the lens of evolving human rights law.

Chapter 5: Consultation with Indigenous Peoples in International Human Rights Law

The Requirement of Consultation with Indigenous Peoples in the ILO ◽

10.1163/9789004356016_007 ◽

2017 ◽

pp. 147-189

Keyword(s):

Human Rights ◽

Indigenous Peoples ◽

Human Rights Law ◽

The heritage of the League of Nations’ minority protection system

Hungarian Journal of Legal Studies ◽

10.1556/2052.2021.00224 ◽

2022 ◽

Keyword(s):

Human Rights ◽

League Of Nations ◽

Protection System ◽

Political Organization ◽

Human Rights Law ◽

Group Rights ◽

Minority Protection ◽

Abstract This paper discusses the system of minority protection of the League of Nations. Minority protection occupied a prominent place on the League’s agenda, which developed a significant expertise in the field. The League’s system of minority protection is often regarded as an experiment. With regard to both material and procedural aspects this assessment is certainly correct. In particular, minority protection based upon legally binding treaties and declarations gave rise to the question of how individual and group rights should be treated within the frame of an international political organization. The paper further examines whether at least some of the elements of the League’s minority protection system still persist in the context of contemporary international human rights law.

International Human Rights Law and the Response to the covid-19 Pandemic

Journal of International Humanitarian Legal Studies ◽

10.1163/18781527-bja10004 ◽

2020 ◽

Vol 11 (2) ◽

pp. 249-269

Author(s):

Sarah Joseph

Keyword(s):

Human Rights ◽

Political Rights ◽

Human Rights Law ◽

Cultural Rights ◽

Human Rights Treaties ◽

International Human ◽

Civil And Political Rights ◽

Do So

Abstract States have duties under Article 12(2)(c) of the International Covenant on Economic, Social and Cultural Rights and Article 6 of the International Covenant on Civil and Political Rights to prevent, control and treat covid-19. Implementation of these three obligations is analysed, taking account of countervailing human rights considerations. Regarding prevention, lockdowns designed to stop the spread of the virus are examined. Control measures are then discussed, namely transparency measures, quarantine, testing and tracing. The human rights compatibility of treatment measures, namely the provision of adequate medical and hospital care (or the failure to do so), are then examined. Finally, derogations from human rights treaties in times of pubic emergency are discussed.

The extraterritorial application of international human rights law on civil and political rights

Routledge Handbook of International Human Rights Law ◽

10.4324/9780203481417.ch35 ◽

2015 ◽

Author(s):

Ralph Wilde

Keyword(s):

Human Rights ◽

Political Rights ◽

Human Rights Law ◽

International Human ◽

Civil And Political Rights

Defining ‘People’ and ‘Indigenous People’ in International Human Rights Law and Its Application in Indonesia

International Journal on Minority and Group Rights ◽

10.1163/15718115-02602006 ◽

2019 ◽

Vol 26 (3) ◽

pp. 373-408

Author(s):

M. Ya’kub Aiyub Kadir

Keyword(s):

Human Rights ◽

Natural Resources ◽

International Law ◽

Indigenous People ◽

Indigenous Peoples ◽

Human Rights Law ◽

International Human ◽

The Third World

This article investigates the problem of defining ‘people’ and ‘indigenous people’ under the International Human Rights Covenants and their application in the Indonesian context. Using analyses based on the Third World Approach to International Law (twail), this article shows the problems facing Indonesia in identifying indigenous peoples as traditional peoples, in terms of being isolated peoples (Masyarakat Hukum Adat, hereafter mha), and the non-isolated indigenous peoples who were sovereign before the independence of Indonesia. This interpretation has been confusing in relation to the entitlement to natural resources. Therefore, this article proposes a new understanding of indigenous peoples, in order to arrive at better treatment and recognition and in terms of sharing power and the benefits of natural resources in the Indonesian system.

Hong Kong's Bill of Rights: Its Reception of and Contribution to International and Comparative Jurisprudence

International and Comparative Law Quarterly ◽

10.1017/s002058930006187x ◽

1998 ◽

Vol 47 (2) ◽

pp. 306-336 ◽

Cited By ~ 5

Author(s):

Johannes M. M. Chan

Keyword(s):

Human Rights ◽

Hong Kong ◽

Interesting Case ◽

Political Rights ◽

Bill Of Rights ◽

Human Rights Law ◽

International Human ◽

The Impact

The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.

Part 1 Freedom of Religion or Belief, 1.3 The Right to Manifest One’s Religion or Belief

10.1093/law/9780198703983.003.0005 ◽

2016 ◽

Author(s):

Bielefeldt Heiner, Prof ◽

Ghanea Nazila, Dr ◽

Wiener Michael, Dr

Keyword(s):

Human Rights ◽

Freedom Of Religion ◽

Political Rights ◽

Human Rights Law ◽

International Human ◽

Civil And Political Rights ◽

The Right

This chapter emphasizes that the outer manifestations of freedom of religion or belief (forum externum) are not in any sense less important than the inner nucleus of a person’s religious or belief-related conviction (forum internum), even though only the latter is protected unconditionally under international human rights law. This chapter also discusses the largely overlapping elements of the right to manifest one’s religion or belief ‘in worship, observance, practice and teaching’. Furthermore, it analyses the implications of the religion-related reservations, declarations, and objections made by a number of States when signing, ratifying, or acceding to the International Covenant on Civil and Political Rights.

The “Essence” of International Human Rights

German Law Journal ◽

10.1017/glj.2019.69 ◽

2019 ◽

Vol 20 (6) ◽

pp. 924-939

Author(s):

Pierre Thielbörger

Keyword(s):

Human Rights ◽

International Law ◽

Fundamental Rights ◽

Political Rights ◽

Eu Law ◽

Human Rights Law ◽

Socioeconomic Rights ◽

AbstractWhile the “essence” of EU fundamental rights has received much attention following the CJEU’s Schrems decision, the concept of “essence” remains much less examined in international human rights law. Nonetheless, a concept of “essence” for human rights can also be found in international law. This Article discusses different aspects of the “essence” concept in international human rights law, namely non-derogability, non-restrictability, and minimum core, in three steps. First, the Article looks at civil political rights and socioeconomic rights separately and identifies two different approaches to the concept of essence for each of the two categories: While for civil and political rights the concept of essence is mainly linked to the notions of non-derogability and non-restrictability, for socioeconomic rights, the concept refers mainly to the states’ obligation to guarantee an essential level of protection independent of their resource limitations. Second, the Article continues by reading the two approaches together and identifies certain elements of an overarching “essence” concept. Finally, the Article discusses the relationship between the CJEU’s “essence” jurisprudence and the related concepts in international law and concludes with two theses: First, international law deserves more attention when reflecting on the EU’s concept of essence. It equally employs concepts of “essence” and also informs the development and interpretation of EU law. Second, when engaging with the question of whether the EU law should draw lessons from its international counterpart on the notion of “essence,” one must contemplate drawbacks for EU law that the concept has presented for international law.