Part II Historical and Legal Sources, Ch.13 The Protection of Minorities under the Auspices of the League of Nations

Author(s):  
Kovacs Peter

This article examines the protection of minority rights under League of Nations. It explains that the League was created to be a specialized institution for minorities but the mechanism for responding to the grievances of the minorities was developed only after the Versailles peace conference in 1919–20. It discusses the main principles and structures of the League of Nations mechanism and the complaints procedure. This article also explains that the League of Nations was replaced by the United Nations in 1946 but its minority protection system was not included in the responsibilities of the new organization. It also highlights the contribution of the League to the evolution of the doctrine of the international legal protection of human rights.

Author(s):  
Fernando Arlettaz

Summary The League of Nations established, in the interwar period, a legal regime for the protection of minorities which considered them as intermeditate groups between the State and the individuals. On the contrary, the Universal Declaration on Human Rights, adopted in 1948 by the United Nations, assumed a radically individualistic point of view and did not include any mention to minority rights. The travaux préparatoires of the Universal Declaration suggest that the question of minorities caused strong tension among States and that, for this reason, they avoided its inclusion in the 1948 document.


2020 ◽  
Vol 27 (3) ◽  
pp. 555-579
Author(s):  
Jamal Barafi ◽  
Nael Georges

The international protection of human rights, including those of religious minorities, has mainly developed through instruments adopted under the framework of the United Nations. After clarifying the concept of minorities, this article focuses on the legal protection of minority rights, particularly of religious minorities, under international instruments. It sheds light on the participation of Arab Mashreq states in the preparation of these instruments, in terms of their position in the elaboration of the instruments, and their multiple reservations. It offers an objective analysis of the issue of religious minorities in the Arab Mashreq region, and the necessity to respect their rights fully in order to build democracy and states of citizenship.


Refuge ◽  
1997 ◽  
pp. 39-44
Author(s):  
Brian Gorlick ◽  
Sumbul Rimi Khan

This article focuses on the relationship between international human rights standards and refugee protection. The foundational status of the Universal Declaration of Human Rights and other human rights treaties are surveyed in light of India's international legal obligations. The authors argue that international human rights law and practice have had a significant impact on the protection activities of the Ofice of the United Nations High Commissioner for Refugees (UNHCR) both in countries of asylum, countries of origin and in relation to the United Nations and other human rights actors. In this context, courts and national human rights institutions are important players in safeguarding the rights of refugees. As none of the countries of South Asia is party to the international refugee instruments nor have any of them adopted a national refugee law or procedure, the activities of the Indian National Human Rights Commission stand out as a positive example of national institution expanding the legal protection of refugees in the region.


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.


2007 ◽  
Vol 76 (2-3) ◽  
pp. 217-239 ◽  
Author(s):  
Katarina Månsson

AbstractWhile it has been claimed that no subject matter has been referred to as frequently in the United Nations (UN) Charter as human rights, a close analysis of its traveaux préparatoires reveals that it contains but a fragment of what was actually proposed during the drafting of the Charter in 1945. This article presents and analyses these 'lost proposals', particularly those seeking strong references to human rights, international law and justice in the Charter's preamble and chapters on the purposes and principles of the UN. Presented by smaller states, they include suggestions that respect for and protection of human rights constitutes a principle of the UN and that the maintenance of peace and security is conditioned on adherence to international law. It concludes that UN peacemakers of today struggle with the same conundrum as the drafters of the UN Charter 60 ago: "What comes first, justice or peace?"


1981 ◽  
Vol 9 (3) ◽  
pp. 95-106
Author(s):  
Myrna S. Feliciano

Studies on international human rights had amorphous beginnings before 1945, which gradually evolved into an intricate but “untrodden area of systematic research.” This is largely attributed to the adoption of the United Nations Charter which sets forth the international protection of human rights as a basic purpose. The proclamation of the Universal Declaration of Human Rights by the United Nations General Assembly in December 10, 1948, provided the impetus for the development of new rules of international law defining in specific terms, individual rights and freedoms. The result is not only a substantial and rapidly developing body of law, both substantive and procedural, that has called for a systematic scholarly analysis but a bibliographic output on the subject which has reached alarming proportions to what is now being referred to as “the human rights documentation explosion.”


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