scholarly journals On Aims, Means, and Unintended Consequences: The Case of Molla Sali

Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 859
Author(s):  
Effie Fokas
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Unintended Consequences ◽  
Religious Communities ◽  
Religious Minority ◽  
Minority Protection ◽  
Minority Community ◽  
National Minorities ◽  
European Court ◽  
Muslim Minority

This contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: ‘What happens when provisions for religious minority protection lead to the violation rather than protection of members’ rights?’ That case is Molla Sali v. Greece (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in that community subjected her—involuntarily—to the authority of sharia law over inheritance matters. The case serves as a foundation from which to explore the ECtHR’s engagements with the Framework Convention for the Protection of National Minorities, an exploration which helps bring to the fore the problems around the concept of ‘voluntary’ opting into identification with a minority identity when the latter entails some form of disadvantage. Women, in particular, due to family and peer pressures, are vulnerable to such disadvantage in contexts such as that from which the case of Molla Sali arises. Thus, the case invites discussion of various ways in which individual and group rights may come into conflict and considers minority rights specifically in relation to other human rights.

Recognizing Religious Minority Rights

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Eugenia Relaño Pastor
Keyword(s):  
Human Rights ◽  
Religious Diversity ◽  
Minority Rights ◽  
Religious Communities ◽  
European Convention ◽  
Religious Minority ◽  
Religious Minorities ◽  
Group Rights ◽  
National Minorities ◽  
European Court

The European Convention on Human Rights (ECHR) does not contain any provision on minorities, and neither has the European Court of Human Rights (ECtHR) considered the notion of minority rights when dealing with claims involving religious minorities. This contribution aims to show how the Court addresses the rights of religious minorities through the concepts of ‘religious diversity’ and ‘pluralism’. In order to overcome the historical tension between individual rights versus group rights, the author offers a theoretical typology on religious minority rights that combines rights- holders with individual and group interests and takes into consideration UN human rights texts on minorities and the freedom of religion, as well as the ECHR and the Framework Convention for the Protection of National Minorities. By applying the three categories of the above- mentioned typology— individual differentiated rights to members of minorities, group- differentiated rights, and special interest group rights— to the Court’s jurisprudence on members of religious minorities and religious communities, the author concludes that while the ECtHR has systematically reiterated its commitment to pluralism, it has partly failed to grant protection to religious diversity, particularly, when ‘uncomfortable’ religious diversities are the stake.

scholarly journals Ochrona praw mniejszości narodowych w orzecznictwie Europejskiego Trybunału Praw Człowieka oraz Komitetu Praw Człowieka ONZ – analiza porównawcza

2014 ◽  
pp. 7-28
Author(s):  
Grażyna Baranowska
Keyword(s):  
Human Rights ◽  
Political Participation ◽  
Indigenous People ◽  
Case Law ◽  
National Minority ◽  
Minority Protection ◽  
National Minorities ◽  
European Court ◽  
Religious Clothing ◽  
State Schools

The article analyses case law concerning national minority protection in the jurisprudence of the European Court of Human Rights and UN Human Rights Committee. The protection of national minorities is realized through protecting individual right of persons belonging to minorities. Due to significant amount of cases and given the importance of discussed issues, the analysis is restricted to three topics: names, education and political participation. The case law has set some important standards in those areas. In most of the analyzed aspects the approach of both organs has been the same, for example in regard to names and surnames of persons belonging to national minorities. The research also showed areas in which the case law was not consistent – while examining cases concerning the same French law regarding wearing of religious clothing by students in state schools, the UN Committee, contrary to the Court, found a violation by the state. However, in the vast majority of studied subjects, the jurisprudence of the Court and Committee is very similar and allows to formulate an international standard of national minority protection. Among national minorities indigenous people enjoy in some aspects greater protection than other groups, which is particularly evident in the Committee decisions.

scholarly journals The Protection of National Minorities within the Council of Europe: An Analytical Review

2013 ◽  
pp. 141-156
Author(s):  
Jabbar Aslan ◽  
Khabbat Aslani
Keyword(s):  
Human Rights ◽  
Analytical Approach ◽  
Minority Rights ◽  
Point Of View ◽  
Council Of Europe ◽  
Minority Protection ◽  
National Minorities ◽  
Analytical Review

According to the preamble of the Framework Convention for the Protection of National Minorities, which has entered into force on 1 February 1998, minority rights are an integral part of fundamental human rights. This instrument is the ever legally binding treaty in the regional and also universal level that taken on great importance in addressing the challenges of minority protection in evolving and increasingly diverse societies. So, this paper has an analytical approach to the protection of minorities within the Council of Europe and for this, especially, focuses on the Framework Convention: namely its content, its rights-holders, and also- the most important point of view - the problems, challenges and tasks that this legally instrument faces with it in practice. One must take into account that the Framework Convention has passed 13 years of its birth and the authors aim to analyse its achievements and in the same time, its challenges as well. Thus, we reiterate once more that our method is analytical to examine the topic.

scholarly journals Kontruksi Filosofis Perlindungan Hak Asasi Manusia Minoritas Keagamaan dalam Konstitusi Indonesia

2015 ◽  
Vol 4 (02) ◽  
pp. 368-387
Author(s):  
A. Fajruddin Fatwa
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Minority Group ◽  
Minority Rights ◽  
Research Data ◽  
Equal Protection ◽  
Religious Minority ◽  
Minority Protection ◽  
The People ◽  
Abstract Level

Abstract: This article focuses on presenting problem of religious minority right in Indonesia. Based on its constitution, Indonesia has equal protection for all citizens. There are some basic religion right clearly protected and presented in constitutional and criminal law. Unfortunately, violation of minority rights still continues in Indonesian life. According to research data, there are a big gap perception between government and the people. Government choose to float the norms of religious minority right protection in abstract level and most of religious minority group asked more detail and concrete norm.Keywords: Religious minority protection, human rights, religious minority.

scholarly journals How to Strengthen Protection of (Religious) Minorities and Cultural Diversity under EU Law: Some Lessons from Human Rights Protection System

Religions ◽  
2021 ◽  
Vol 12 (10) ◽  
pp. 864
Author(s):  
Marcella Ferri
Keyword(s):  
Human Rights ◽  
Critical Role ◽  
European Union Law ◽  
Religious Minority ◽  
Religious Minorities ◽  
Minority Protection ◽  
Human Rights Protection ◽  
European Court ◽  
The Face ◽  
Religious Clothing

The paper is split into two parts. The first part starts with the analysis of Views adopted by the UN Human Rights Committee on Yaker and Hebbadi v. France cases concerning the French Act prohibiting the concealment of the face in public. These Views are then compared with the judgment S.A.S. v. France delivered by the European Court of Human Rights on a similar case. This comparison shows that the principle of non-discrimination and, in this vein, intersectional discrimination play a critical role in assuring the effective protection of Muslim women wearing religious clothing. Analysis of S.A.S. is completed by highlighting the most relevant weaknesses of religious minority protection in the case-law of the European Court of Human Rights. Some references are also made to freedom of religious clothing in the workplace, underling the critical role that can be played in this regard by the duty of reasonable accommodation. The second part identifies the most significant shortcomings characterizing the protection of religious minorities under European Union law. In conclusion, this paper tries to highlight which lessons can be learnt from the human rights system—examined in the first part—in order to strengthen minority protection in the EU.

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. 

scholarly journals Arbitrary Detention: A Challenge Faced by Muslim Minority in India

2019 ◽  
Vol 7 (2) ◽  
pp. 51-55
Author(s):  
Aijaz A. Turrey
Keyword(s):  
Human Rights ◽  
Total Population ◽  
Government Agency ◽  
Economic Conditions ◽  
Indian Government ◽  
Minority Communities ◽  
Religious Minority ◽  
Muslim Minority ◽  
The Government ◽  
Indian Penal Code

Muslims form the largest religious minority in India. Census of India 2011 registered about 14.4 per cent of India’s total population as Muslims. Being minority Muslims are one of the weaker sections of society and the most oppressed ones. Majority of the Muslims especially youth are going through distress and trauma of terrorism tags. Muslims are the prime targets of anti-national activities and often jailed and killed in fake encounters. They are the most suffered section of the society and a little is being done for their upliftment. An attempt has been made to analyze the condition of the Muslim minority in India in the present democratic scenario. The study mainly focused on the consequences of false charges and fake encounters on the socio-economic conditions of Muslims and their families in India. The study is actually an investigation in some thrust areas in which Muslim section of the society is being demoralized deeply in India. The government of India established The Ministry of Minority Affairs on 29th January 2006 to look after the issues of minority communities and suggest development frameworks for their benefit. The 2017 World Report of the Human Rights Watch1 also finds India as the violator of human rights with respect to freedom and treatment of minorities.1An Indian government agency responsible for collecting and analyzing crime data as defined by the Indian Penal Code (IPC).

scholarly journals PRINSIP ISLAM DALAM MELINDUNGI HAK MINORITAS

2021 ◽  
Vol 14 (2) ◽  
pp. 227-242
Author(s):  
Linda Novianti
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Religious Communities ◽  
Religious Minorities ◽  
Normative Approach ◽  
Sense Of Security ◽  
The Creation

This study aims to encourage the creation of a sense of security and peace for religious minorities in carrying out their obligations as religious communities. This study shows that minority rights are one of the most difficult problems faced by Muslims in today's context. In fact, minority rights have been regulated in the Al-Quran and were directly practiced by the Prophet Muhammad when leading Medina and confirmed in the form of the constitution of Medina. This study uses a qualitative normative approach. The results of this study conclude that Islam as a religion that teaches its people that plurality and plurality are sunatullah which need not be questioned as long as they do not contradict the principles of faith and human rights. Then Islam observes that the protection of minority rights is the prevention of economic, social, cultural, political and legal discrimination with the aim of equalizing positions without imposing boundaries based on differences from one another.

scholarly journals Democracy and the Preservation of Minority Identity: Fragmentation within the European Human Rights Framework

2017 ◽  
Vol 24 (3) ◽  
pp. 205-228
Author(s):  
Stephanie E. Berry
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Council Of Europe ◽  
International Human Rights ◽  
Minority Identity ◽  
European Court ◽  
International Human ◽  
Different Origins ◽  
Historical Origins ◽  
Institutional Fragmentation

The international human rights (ihr) and international minority rights (imr) regimes have very different origins. However, the two regimes converged in the 20th century, and imr are now understood to be a sub-regime of ihr. This article argues that the different historical origins of the two regimes impact how actors within each regime interpret their mission, and have resulted in institutional fragmentation within the Council of Europe. The mission of the European Court of Human Rights is the promotion and protection of democracy, whereas the Advisory Committee to the Framework Convention for the Protection of National Minority’s mission is the preservation of minority identity. In practice, this has led to conflicting interpretations of multi-sourced equivalent norms. It is suggested that inter-institutional dialogue provides an avenue through which these conflicting interpretations can be mediated.

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