The Protection of the Cultural Identity of Minorities in International Law: Individual versus Collective Rights

In article individual human rights on cultural identity, political representation or on participation in the collective or group rights in the sphere of human rights in the liberal states are analyzed. Especially international law gives the collective rights for physical existence, protection against economic and cultural destruction and originality preservation ethnic, religious and language minorities. In detail also the legislation of a number of the states on a combination of the collective and individual rights of the small people for protection of their primordial habitat, a traditional way of life, customs, managing and crafts is in details analysed.

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Die Rechte indigener Völker im Menschenrechtssystem

10.5771/9783748905301 ◽

2022 ◽

Author(s):

Jessika Eichler

Keyword(s):

International Law ◽

Indigenous Peoples ◽

International Human Rights ◽

Politics Of Recognition ◽

Human Rights Protection ◽

Collective Rights ◽

Cultural Rights ◽

Rights Protection ◽

Political Economic ◽

Special Rights

This textbook offers insights into the recently established special rights regime on indigenous peoples’ rights at international level. The reader is guided from the early beginnings of this issue in the 1970s to current jurisprudential developments. International and regional norms are introduced and contrasted with societal and political challenges. The book also opens broader debates on the politics of recognition and decolonisation, multilateral systems and global governance, the pluralisation of society and its institutions, collective rights and the meaning of civil, political, economic, social and cultural rights. This group-specific field of the international human rights protection system is viewed through the lenses of international law and socio-political approaches.

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Collective Rights and the Cultural Identity of the Roma

10.1163/9789004233836 ◽

2012 ◽

Cited By ~ 3

Author(s):

Claudia Tavani

Keyword(s):

Cultural Identity ◽

Collective Rights

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THE RELATIONSHIP OF HUMAN RIGHTS AND THE COLLECTIVE RIGHTS OF THE MINORITIES IN THE INTERNATIONAL LAW

Law Нerald of Dagestan State University ◽

10.21779/2224-0241-2017-21-1-65-71 ◽

2017 ◽

Vol 21 (1) ◽

pp. 65-71

Author(s):

M.Kh. Ekzekov ◽

Keyword(s):

Human Rights ◽

International Law ◽

Collective Rights ◽

Relationship Of ◽

The Relationship

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The International Court of Justice and Peoples

International Community Law Review ◽

10.1163/187197407x210256 ◽

2007 ◽

Vol 9 (2) ◽

pp. 157-180

Author(s):

Timo Koivurova

Keyword(s):

International Law ◽

Indigenous Peoples ◽

Self Determination ◽

International Court Of Justice ◽

Collective Rights ◽

Court Of Justice ◽

International Court ◽

The Icj ◽

The Right

AbstractThe article examines how the International Court of Justice (ICJ) has dealt with the concept of peoples and peoples' rights in its jurisprudence. Most prominent has been the Court's role with respect to the right of self-determination and it is this issue that forms the core of the article. A second important question dealt with is the role of indigenous peoples in ICJ case practice, as the struggle by those peoples to gain collective rights is a recent development in international law. Drawing on this analysis, the discussion proceeds to consider the role that the ICJ has played in the development of the rights of peoples in general and what its future role might be in this sphere of international law. The article also examines the way in which the Court has allowed peoples to participate in its proceedings and whether and how its treatment of peoples' rights has strengthened the general foundations of international law.

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Part II Substantive Aspects, Ch.16 Language as Cultural Heritage

The Oxford Handbook of International Cultural Heritage Law ◽

10.1093/law/9780198859871.003.0016 ◽

2020 ◽

Author(s):

Witte Bruno De

Keyword(s):

Cultural Identity ◽

Cultural Heritage ◽

International Law ◽

Oral Traditions ◽

Intangible Cultural Heritage ◽

Functional Communication ◽

The Public ◽

Intangible Heritage ◽

Limited Role

This chapter addresses linguistic heritage as part of cultural heritage. The use of a language not only serves as a means of functional communication but also expresses the speaker’s cultural identity as well as the cultural heritage developed by all previous users of that language. One can say that legal measures that allow for the public use of a particular language, or that impose the use of that language in certain contexts, contribute to the preservation of the cultural heritage of a country. However, UNESCO’s Intangible Heritage Convention includes within its scope the oral traditions and forms of expressions that use language as their tool. In other words, language is protected because, and to the extent that, it gives expression to an element of a community’s intangible cultural heritage other than the language itself. Therefore, international law plays only a limited role in protecting language-as-heritage.

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An Aboriginal Perspective on Canada’s Human Rights “Culture”

Cultural and Pedagogical Inquiry ◽

10.18733/c3c888 ◽

2012 ◽

Vol 4 (1) ◽

Author(s):

Krista McFadyen

Keyword(s):

Human Rights ◽

International Law ◽

Indigenous Peoples ◽

Aboriginal People ◽

Political Identity ◽

International Human Rights ◽

Collective Rights ◽

Governance Systems ◽

International Human ◽

Domestic Level

It was a profound achievement for Indigenous peoples to be recognized as peoples with associated rights under international law. As active contributors in international human rights arenas, Indigenous people have weighed into debates on how to substantiate collective rights while complementing individual rights. They assert a collective political identity that strives for rights to protect cultures, livelihoods, and governance systems. However, these achievements at the international level may fall short in impacting lives at the domestic level. This inquiry is based on a model of human rights socialization to consider whether Canadian attitudes and behaviours, as well as institutions and systems, promote human rights values and norms. Despite seemingly progressive human rights legislation in Canada, the perceptions and experiences of select Aboriginal people suggest significant barriers to substantiating rights through current institutions and problematizes Canada’s rights “culture.”

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A New Deal for OLMC’s?

Minorités linguistiques et société ◽

10.7202/1009218ar ◽

2012 ◽

pp. 248-258 ◽

Cited By ~ 2

Author(s):

Will Kymlicka

Keyword(s):

International Law ◽

New Deal ◽

Language Minority ◽

The Political ◽

Official Language ◽

Minority Communities ◽

Political Autonomy ◽

Collective Rights ◽

Official Language Minority

While Canada is widely seen as a leader in accommodating different forms of diversity, the unique needs of official language minority communities (OLMCs) are not adequately recognized in the constitution, and often fall through the cracks of the “Canadian model”. Can we imagine a new deal for OLMCs, perhaps in the form of new legislation or even a new constitutional provision that would provide stronger recognition of their national status, their collective rights, and their political autonomy? While I share the political objectives of achieving greater recognition and autonomy, this paper identifies a number of potential pitfalls and dead-ends that need to be avoided in the pursuit of such a new deal. I focus in particular on a) the role of legal categories, b) the limits of international law, and c) the constraints on constitutional reform.

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The Cross-Fertilization of Human Rights Norms and Indigenous Peoples in Africa: From Endorois and Beyond

International Indigenous Policy Journal ◽

10.18584/iipj.2014.5.4.5 ◽

2014 ◽

Vol 5 (4) ◽

Cited By ~ 4

Author(s):

Derek M K Inman

Keyword(s):

Human Rights ◽

International Law ◽

Indigenous Peoples ◽

Indigenous Rights ◽

Collective Rights ◽

Dynamic Relationship ◽

African Context ◽

Human Rights Norms ◽

Cross Fertilization ◽

Tremendous Impact

Beginning in the 20th century, international law expanded beyond law between nations to eventually embrace the concept of human rights. However, until recently, human rights efforts were focused mostly on individuals, their rights and the obligations of the state in question. Indigenous peoples, on the other hand, have always articulated their collective rights and, to their credit, achieved notable success. While there is no doubt that these achievements should be applauded, what is also of interest, and deserves further study, are the ways in which human rights jurisprudence concerning Indigenous peoples’ collective rights intermingle, cross-fertilize, and integrate. This dynamic relationship between the various sources of Indigenous rights law has had a tremendous impact locally, changing how states interact with the Indigenous peoples living within its borders. The first aim of this article will be to explore the above-mentioned topics in detail with a particular eye on the African human rights systems. Secondly, it will examine how they relate to the Endorois case that was recently decided by the African Commission on Human and Peoples’ Rights. I conclude with an investigation into what this could mean for Indigenous peoples’ rights in the African context.

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The UN Declaration on the Rights of Indigenous Peoples

10.1093/law/9780199673223.001.0001 ◽

2018 ◽

Cited By ~ 1

Keyword(s):

United Nations ◽

International Law ◽

Indigenous Peoples ◽

Legal Status ◽

Legal Norms ◽

Collective Rights ◽

Substantive Content ◽

The United Nations ◽

United Nations Declaration ◽

The Individual

The rights of indigenous peoples under international law have seen significant change in recent years, as various international bodies have attempted to address the question of how best to protect and enforce their rights. The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is the strongest statement thus far by the international community on this issue. The Declaration was adopted by the United Nations on 13 September 2007, and sets out the individual and collective rights of indigenous peoples, as well as their rights to culture, identity, language, employment, health, education, and other issues. While it is not a legally binding instrument under international law, it represents the development of international legal norms designed to eliminate human rights violations against indigenous peoples, and to help them in combating discrimination and marginalisation. This commentary on the Declaration analyses both the substantive content of the Declaration and the position of the Declaration within existing international law. It considers the background to the text of every Article of the Declaration, including the travaux préparatoire, the relevant drafting history, and the context in which the provision came to be included in the Declaration. It sets out each provision's content, interpretation, its relationship with other principles of international law, and its legal status, and also discusses the significance and outlook for each of the rights analysed. The book assesses the practice of relevant regional and international bodies in enforcing the rights of indigenous peoples, providing an understanding of the practical application of the Declaration's principles.

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