A theory of minority protection after secession

2021 ◽  
pp. 30-59
Author(s):  
Anna Batta
Keyword(s):  
2016 ◽  
Vol 13 (2) ◽  
pp. 178-192
Author(s):  
Roberta Medda-Windischer

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. 


2010 ◽  
Vol 17 (1) ◽  
pp. 75-110 ◽  
Author(s):  
Byung Sook de Vries ◽  
Anna Meijknecht

AbstractSoutheast Asia is one of the most culturally diverse regions in the world. Nevertheless, unlike minorities and indigenous peoples in Western states, minorities and indigenous peoples in Asia have never received much attention from politicians or legal scholars. The level of minority protection varies from state to state, but can, in general, be called insufficient. At the regional level, for instance, within the context of the Association of Southeast Asian Nations (ASEAN), there are no mechanisms devoted specifically to the protection of minorities and indigenous peoples. In December 2008, the ASEAN Charter entered into force. In July 2009 the Terms of Reference (ToR) for the ASEAN Inter-Governmental Commission on Human Rights were adopted. Both the Charter and the ToR refer to human rights and to cultural diversity, but omit to refer explicitly to minorities or indigenous peoples. In this article, the extent to which this reticence with regard to the protection of minorities and indigenous peoples is dictated by the concept of Asian values and ASEAN values is explored. Further, it is analysed how, instead, ASEAN seeks to accommodate the enormous cultural diversity of this region of the world within its system. Finally, the tenability of ASEAN's policy towards minorities and indigenous peoples in the light of, on the one hand, the requirements of international legal instruments concerning the protection of minorities and indigenous peoples and, on the other hand, the policies of the national states that are members of ASEAN is determined.


2015 ◽  
Vol 43 (1) ◽  
pp. 178-194
Author(s):  
Romana Bešter ◽  
Miran Komac ◽  
Mojca Medvešek ◽  
Janez Pirc

There are three constitutionally recognized national/ethnic minorities in Slovenia: the Italians, the Hungarians and the Roma. In addition, there are other ethnic groups that could perhaps be considered as “autochthonous” national minorities in line with Slovenia's understanding of this concept. Among them is a small community of “Serbs” – the successors of the Uskoks living in Bela krajina, a border region of Slovenia. In this article we present results of a field research that focused on the following question: Can the “Serb” community in Bela krajina be considered a national minority? On the basis of the objective facts, it could be said that the “Serbs” in four Bela krajina villages are a potential national minority, but with regard to their modest social vitality and the fact that they do not express their desire for minority status, the realization of special minority protection is questionable.


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