K. Henrard, Devising an Adequate System of Minority Protection; Individual Human Rights, Minority Rights and the Right to Self-Determination

2001 ◽  
Vol 8 (4) ◽  
pp. 387-391 ◽  
Author(s):  
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Self Determination ◽  
Minority Protection ◽  
The Right ◽  
Individual Human

AbstractNo Abstract

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 as inferiority: minority rights in historical perspective

2008 ◽  
Vol 34 (2) ◽  
pp. 243-263 ◽  
Author(s):  
ANDRE LIEBICH
Keyword(s):  
Human Rights ◽  
Historical Perspective ◽  
Minority Rights ◽  
Self Determination ◽  
International Treaties ◽  
International Human Rights ◽  
Human Rights Regime ◽  
International Human ◽  
The Right

AbstractThis article argues that minority rights developed as an indemnity offered to defeated parties. As a grudging and begrudged calculus of compensation, considered inadequate by the vanquished and offensive by the victors, minority rights have been unable to compete in terms of legitimacy with either an increasingly robust international human rights regime or with the right of national self-determination. After reviewing some explanations for the weakness of the existing minority rights regime, this article traces the rationale of what may be described anachronistically as minority rights provisions in international treaties from the Peace of Westphalia to the Versailles settlement, concluding with a consideration of present-day implications of the argument elaborated here.

Examining the Suitability of the International Minority Rights Regime as an Avenue for Advancing Self-Determination Claims

2020 ◽  
Vol 27 (4) ◽  
pp. 675-727
Author(s):  
Rhys Carvosso
Keyword(s):  
Human Rights ◽  
Minority Groups ◽  
Minority Rights ◽  
Negotiation Process ◽  
Self Determination ◽  
International Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Right

The international legal right of all ‘peoples’ to self-determination applies indeterminately to minority groups. The limited jurisprudence tends toward an ‘internal’ dimension of the right being available to minorities, to be exercised and negotiated domestically. However, where a state-minority negotiation process fails, the international law of self-determination is inadequate to resolve the ensuing deadlock. Accordingly, this article examines the suitability of minority protections under international human rights law (‘minority rights’) as a supplementary set of rules by which disputes concerning the self-determination of minorities might be resolved. It argues that owing to the strong conceptual and doctrinal overlap between the two areas, the enforcement of minority rights is a suitable strategy for advancing a self-determination claim. However, two bars within existing international human rights enforcement procedures – the non-justiciability of self-determination, and the requirement that complainants must be “victims of a violation” – substantially reduce the utility of this strategy at present.

Collective minority rights and problems in their legal protection: the example of Yugoslavia

1993 ◽  
Vol 1 (4) ◽  
pp. 371-383
Author(s):  
Tibor Varady
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Minority Rights ◽  
Former Yugoslavia ◽  
Minority Protection ◽  
Individual Human

The article starts with an analysis of minority protection in Tito's Yugoslavia, and points out the merits and the shortcomings of this system. It has been suggested that after the collapse of Tito's Yugoslavia the standard was lost, and there were no more confines halting the escalation of ethnic hatred and violence. In this situation, setting new standards deserves an utmost priority. The article suggests some starting points for new standards. In doing so, an endeavour has been made to define the notion of minorities on the territories of the former Yugoslavia. The article also pleads for the recognition of collective minority rights in addition to individual human rights. Suggestions are made regarding appropriate internal and international legal mechanisms for the protection of minority rights.

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