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. 

International Developments 2016: Economic, Social, and Cultural Life, Including Education and the Media, in the Context of European Minorities and from the Perspective of International Law

2018 ◽  
Vol 15 (01) ◽  
pp. 51-89
Author(s):  
Mariya Riekkinen
Keyword(s):  
International Law ◽  
Social Life ◽  
Minority Rights ◽  
Minority Languages ◽  
Council Of Europe ◽  
National Minorities ◽  
Cultural Life ◽  
Scope Of Application ◽  
The Media ◽  
The Eu

From the perspective of the rights of minorities in Europe, this section overviews international developments concerning economic and socio-cultural entitlements, including those related to education and the media. It is thematically structured around two clusters related to the minority rights: (a) cultural activities and facilities, including the media; and (b) economic and social life, including education, which are covered by the provisions of the European Charter for Regional and Minority Languages (ETS. No. 148). This review starts with an analysis of the 2016 developments at the UN level, and continues with an overview of advancements at the levels of the OSCE, the EU, and the Council of Europe. The adoption of the Thematic Commentary No. 4 “The Scope of Application of the Framework Convention for the Protection of National Minorities” by the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) is among the most important highlights.

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.

The International Law Dimension of the German Minorities Policy

1999 ◽  
Vol 68 (2) ◽  
pp. 117-130 ◽  
Author(s):  
Keyword(s):  
International Law ◽  
International Treaties ◽  
Minority Protection ◽  
Bilateral Agreements ◽  
Bilateral Relations ◽  
National Minorities ◽  
Mother Country ◽  
Ethnic Germans ◽  
Theory Of Law ◽  
The Cold War

AbstractEthnic Germans have traditionally been living in a number of other European states as national minorities. These minorities can in accordance with international law count on the support of their mother country as a protective power. During the Cold War, such German initiatives were often seen in Eastern Europe as interference into internal affairs and accordingly rejected. After the end of the block confrontation a significant number of bilateral agreements have been concluded in which the rights of German minorities are addressed. In these treaties the CSCE/OSCE documents play an important role. Doubtless these documents have no legal force. In the light of the theory of law it seems of great interest that clauses concerning minority protection have been integrated into binding international treaties. The treaties between Germany and Central and Eastern European states are examples for the ongoing process of “legalising” politically binding norms. All include, in one way or another, a reference to the political CSCE/OSCE-agreements relevant for minority protection. The relevant regulations are not only confirmed as binding for the signatory states, but rather that they are, although to varying degrees, being declared as legally effective instruments in bilateral relations. This “upgrade”raises these political norms to norms of international law.

Evolving Protection of Minority Groups: Global Challenges and the Role of International Jurisprudence

2009 ◽  
Vol 11 (2) ◽  
pp. 185-218 ◽  
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Groups ◽  
Standard Setting ◽  
Minority Protection ◽  
Global Challenges ◽  
Judicial Discourse

AbstractThis article explores the role of judicial discourse in articulating and accommodating minority claims under international law. It identifies four major movements in the field of minority protection and argues that, while the era of specialised standard-setting on minority groups seems to be largely over, international jurisprudence holds the promise of a wider and deeper (re-)assessment of minority issues within the human rights canon.

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.

Minority Protection in International Law: From Standard-Setting to Implementation

1999 ◽  
Vol 68 (2) ◽  
pp. 131-160
Author(s):  
Keyword(s):  
Human Rights ◽  
International Law ◽  
Minority Rights ◽  
Broad Perspective ◽  
Minority Protection ◽  
Monitoring Process ◽  
International Monitoring ◽  
State Compliance ◽  
Potential Impact ◽  
Minority Regime

AbstractIn recent years, minority issues regularly feature on the international agenda, due to growing concerns for human rights and stability. Minority rights instruments are being multiplied accordingly. While this is no doubt a welcome development, the fact that the effectiveness of any (present and future) minority regime remains to be tested through an adequate implementation machinery should not be overlooked. The aim of this paper is to examine the international monitoring mechanisms which are relevant to minority protection, with a view to discussing the prospects for improving State compliance. An overview of such mechanisms and a focus on some basic, contemporary elements of the resulting monitoring process, afford the basis for a set of forward-looking reflections on the problem of the implementation of minority rights standards. An attempt has been made at analysing the relevant patterns of scrutiny within a broad perspective, namely in relation to their real and/or potential impact on minority protection as embraced by international law.

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.

Integration of New and Old Minorities: Beyond a Janus-Faced Perspective

2017 ◽  
Vol 14 (1) ◽  
pp. 1-36
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
Minority Groups ◽  
Final Part ◽  
Political Agenda ◽  
International Mobility ◽  
National Minorities ◽  
Scope Of Application ◽  
Similarities And Differences ◽  
And Migration ◽  
International Instruments ◽  
Minority Integration

Diversity and integration issues are undoubtedly amongst the most salient ones on today’s political agenda. Most European states have been searching for models and policies to accommodate diversity claims and integrate not only old minority groups, but increasingly also new minority groups stemming from international mobility flows. This article addresses these issues by bridging two fields of research: minorities and migration. Studying the interaction between ‘old’ and ‘new’ minority groups is not an obvious task since, so far, these topics have been studied in isolation from one other. The article investigates the alleged dichotomy between old and new minorities, their similarities and differences, especially in terms of rights and claims, and the potential extension of the scope of application of international instruments for the protection of minorities, such as the Framework Convention for the Protection on National Minorities (FCNM), as to include new minorities too. In the final part, the article analyses the states’ responses to diversity with the aim to develop a common model for minority integration encompassing old and new minority groups.

Polish Law and Policy towards National Minorities

1997 ◽  
Vol 5 (1) ◽  
pp. 59-86
Author(s):  
Keyword(s):  
International Law ◽  
Minority Rights ◽  
Social Situation ◽  
National Minorities ◽  
General Law ◽  
Law And Policy ◽  
The Republic ◽  
Polish Law ◽  
Polish Government

AbstractThis article sets out which Polish laws contain rules for the protection of minorities. The obligations of the Republic of Poland in this field arise from various international law instruments, such as the Framework Convention on the Protection of National Minorities. The democratic transformations of 1989 affected the legal and social situation of minorities in Poland. Although the author finds the efforts of the Polish government to protect minority rights laudable, she concludes that there is still room for improvement and calls for a general law dealing with national minorities.

Sign in / Sign up

Export Citation Format

Share Document