Minority Rights and International Law: An Historical Assessment

2017 ◽  
pp. 13-34
Author(s):  
Steven C. Roach
Keyword(s):  
International Law ◽  
Minority Rights

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. 

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.

Self-determination and Autonomy: Between Secession and Internal Self-determination

2017 ◽  
Vol 24 (3) ◽  
pp. 302-335
Author(s):  
Peter Hilpold
Keyword(s):  
International Law ◽  
Minority Rights ◽  
Self Determination ◽  
State Sovereignty ◽  
Present Contribution ◽  
The Many

The 20th century can be qualified as the century of self-determination. Both politically as legally, the concept of self-determination formed the most important justification for quests for territorial changes. In the present contribution, the many meanings of self-determination and its relationship with the concept of autonomy and with minority rights shall be examined. It shall be shown that although no right to secession outside the colonial context can be discerned the claims for secession to be heard in several parts of Europe are nonetheless of considerable relevance for international law. And contrary to what is mostly held to allow such claims to be expressed may eventually even strengthen state sovereignty.

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.

scholarly journals The Rights of Minorities in International Law

2016 ◽  
Vol 9 (6) ◽  
pp. 15
Author(s):  
Fatemeh Mihandoost ◽  
Bahman Babajanian
Keyword(s):  
International Law ◽  
Present Article ◽  
International Society ◽  
Minority Rights ◽  
The Other ◽  
Human Right ◽  
Religious Minorities ◽  
The Subject ◽  
Specific Culture ◽  
Definition Of

Today human right is of great importance. The existence of different minorities such as lingual, ethnic, racial, and religious minorities with different tendencies derived from different civilizations and cultures has brought about social and cultural varieties and differences in each country and also the emergence of this variety has resulted in the development of variety in a specific culture and ceremony in different countries. On the other hand, each country as a member of international society has to observe norms and principles accepted by international society. In other words, although preparation of constitution of each country depends on exclusive qualification of the country’s people and government, it does not mean they are free in each law because international legitimacy of each country’s government and constitution depends on observation of the accepted principles and the governing rules in international law. The subject of minorities was first introduced in Vienna Congress and today different minorities live in different countries. In international documents and treaties, a precise definition of minority has not been provided. The present article seeks to interpret minority rights according to international law and investigate minority rights in international law by using international documents.

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.

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