scholarly journals Az erdélyi románok kisebbségjogi jogállása 1918 előtt

2020 ◽  
Vol 3 (2) ◽  
pp. 27-57
Keyword(s):  
18Th Century ◽  
Minority Rights ◽  
Minority Status ◽  
Habsburg Empire ◽  
Legislative Period ◽  
National Minorities ◽  
Hungarian State ◽  
1848 Revolution

The purpose of the study is to explain the evolution of regulations that resulted in minority rights for Romanians living in Transylvania in the pre-1918 period. The study analyses in detail the advancement of the idea of “ nationalities” (in the meaning of national minorities) in the legislation from the last decade of the 18th century and presents the legal claims of the Transylvanian Romanians against the Habsburg Empire and the Hungarian Parliament. The authors present the Nationalities Act adopted in the 1848 revolution, but left without consequences, and examine the development of laws on minority rights during the legislative period following the Austrian-Hungarian settlement. The article discusses the grand debate on the act on nationalities, which took place in the Hungarian Parliament in 1868, and describes the later assimilation efforts by the majority lawmakers. The authors draw attention to the fact that non-Hungarian nationalities acquired a minority status only after the adoption of the Nationalities Act by the Hungarian state, which became a so-called majority state.

In Search of the Nation: Hungarian Minority Youth in the New Czechoslovak Republic

1996 ◽  
Vol 24 (4) ◽  
pp. 709-720
Author(s):  
Deborah S. Cornelius
Keyword(s):  
Legal Protection ◽  
Minority Rights ◽  
Minority Populations ◽  
East Central Europe ◽  
East Central ◽  
National Minorities ◽  
The World ◽  
Hungarian State ◽  
Bilateral Treaties ◽  
The Relationship

The question of the national minorities of East Central Europe has again become a major topic of debate, as it was at the Paris Peace Conference 75 years ago. In 1994 and 1995, as the Horn government has attempted to hammer out bilateral treaties with Slovakia and Romania, the Hungarian minority populations have been a subject of public debate. The debate takes place in two forums. The interstate debate revolves around the same problems discussed in Paris; the question of the legal protection of minority rights in states in which the nation was declared to belong to the majority, and the further question of whether rights should be protected on an individual or collective basis. The second forum is that of the larger Hungarian community and concerns the nature and cohesion of the fifteen million Hungarians throughout the world. The implicit question is who actually belongs to the Hungarian community and what should be the relationship between so-called “minority” Hungarians and the Hungarian state.

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. 

Access to Justice for National Minorities – A Recurrent Theme in the Work of the osce High Commissioner on National Minorities

2017 ◽  
Vol 24 (2) ◽  
pp. 174-194
Author(s):  
Laurentiu Hadirca
Keyword(s):  
Ethnic Conflict ◽  
Minority Rights ◽  
Political Institution ◽  
Access To Justice ◽  
National Minorities ◽  
Specific Advice ◽  
High Commissioner ◽  
Recurrent Theme ◽  
Country Specific

This article provides an overview of the work of the osce hcnm on issues of access to justice for national minorities, based on a review of relevant thematic recommendations, country-specific advice, official statements, as well as other activities, projects and engagements of the hcnm. The article analyses how the hcnm’s specific mandate – as a political institution tasked to prevent inter-ethnic conflict, operating primarily through “quiet diplomacy” – has shaped its approach to human and minority rights, and to access to justice issues in particular. The overview shows that throughout the years, access to justice has become a recurrent, if at times tangential, theme for the institution. Overall, the article seeks to distil the general hcnm approach to access to justice issues as it was conveyed through a variety of thematic recommendations and guidelines, specific advice and other relevant engagements, undertaken in the course of the two-and-a-half decades of the institution’s existence.

“Serbs” in Bela krajina: a (deliberately) forgotten minority?

2015 ◽  
Vol 43 (1) ◽  
pp. 178-194
Author(s):  
Romana Bešter ◽  
Miran Komac ◽  
Mojca Medvešek ◽  
Janez Pirc
Keyword(s):  
Ethnic Groups ◽  
Ethnic Minorities ◽  
Field Research ◽  
Border Region ◽  
National Minority ◽  
Minority Status ◽  
Small Community ◽  
Minority Protection ◽  
National Minorities

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.

Immigration and Multicultural Citizenship in Europe: Insights from the Framework Convention for the Protection of National Minorities

2021 ◽  
pp. 1-31
Author(s):  
Timothy Jacob-Owens
Keyword(s):  
Czech Republic ◽  
Minority Rights ◽  
Cultural Groups ◽  
The Czech Republic ◽  
Conventional View ◽  
The United Kingdom ◽  
National Minorities ◽  
Central Pillar ◽  
Multicultural Citizenship ◽  
Scope Of Protection

Abstract Multicultural citizenship, a set of group-differentiated rights for minority cultural groups, is now a common feature of most domestic legal systems in Europe. The conventional view, widely reflected in practice, suggests that ‘strong’ rights of this sort should be restricted to so-called ‘historical’ minorities. However, the increasingly long-standing presence of distinct cultural groups of immigrant origin raises the question of whether, and to what extent, the latter should also be granted stronger forms of multicultural citizenship. This article addresses this question by reference to the Council of Europe’s Framework Convention for the Protection of National Minorities, a central pillar of the international minority rights regime in Europe. The article analyses the application of the treaty to immigrant-origin groups in the Czech Republic and the United Kingdom, showing that the scope of protection afforded to such groups is stronger than previously assumed, though less far-reaching as compared to their ‘historical’ counterparts.

scholarly journals Hogyan készült a Habsburg-birodalom 1770-ik évi Egészségügyi Főszabályzatának magyar változata?

2020 ◽  
Vol 10 (21) ◽  
pp. 109-121
Author(s):  
Péter Balázs
Keyword(s):  
Public Health ◽  
General Public ◽  
18Th Century ◽  
Health Law ◽  
Public Health Law ◽  
Language Version ◽  
Bargaining Position ◽  
Imperial Capital ◽  
State And Local ◽  
Hungarian State

The General Public Health Law (Hauptsanitätsnormativ) as a codified summary of preceding two decades legislation of the 18th century was enacted by Maria Theresa in the Habsburg imperial capital Vienna January 2, 1770. Since in the Hungarian Kingdom all imperial legislation became effective only by the concerning decree of the Royal Governor’s Council, there started a long procedure of application between Vienna and Pozsony (Presburg) the then 109capital of Hungary. Documents of this procedure are available among the scriptures of Royal Governor’s Council in the Central Institute of National Archives of Hungary. The Latin (than official language) version of General Public Health Law titled as Generale Normativum in Re Sanitatis differed necessarily from the original context as a result of specialities of the Hungarian state and local administration. Regarding medical services, because there was no operating medical faculty in the single domestic university, the Hungarian part had a week bargaining position thus the imperial health policy advisors neglected easily all its propositions. Nevertheless, the Governor’s Council tried to analyse critically the rules for medical professionals’ (physicians, surgeons and midwives) services. The present study concerns the one year period of Hungarian legal application based on official letters, commission’s minutes and professional opinions by critical pondering of the dedicated scriptures.

The Possibilities and Limitations of Preventive Action: The OSCE High Commissioner on National Minorities in Ukraine

2012 ◽  
Vol 17 (3) ◽  
pp. 389-415 ◽  
Author(s):  
Angela Kachuyevski
Keyword(s):  
Minority Rights ◽  
Violent Conflict ◽  
Preventive Action ◽  
Regional Politics ◽  
Rights Protection ◽  
National Minorities ◽  
High Commissioner ◽  
Solid Foundation ◽  
Central Argument ◽  
Durable Peace

Abstract This article examines the efforts of the High Commissioner on National Minorities (HCNM) of the Organization for Security and Cooperation in Europe (OSCE) to manage tensions in Ukraine between the substantial Russian minority and the Ukrainian government, and to prevent potentially violent conflict in Crimea from 1994 to 2001, as well as the subsequent efforts to promote peace and stability. It questions why the HCNM was remarkably successful in crisis management from 1994 to 2001, especially in averting secessionism in Crimea, but was hampered in his efforts to achieve a solid foundation for durable peace through the creation of a robust system of minority rights protection. The central argument is that regional politics often preclude the construction of a minority rights regime that could otherwise provide the foundation for durable peace.

Immigrants, National Minorities, and Minority Rights

2014 ◽  
Author(s):  
Alan Patten
Keyword(s):  
General Problem ◽  
Minority Rights ◽  
Language Rights ◽  
Cultural Groups ◽  
Cultural Rights ◽  
National Minorities

This chapter examines a more general problem that arises with respect to minority cultural rights, including both language and self-government rights. The problem arises from the fact that most states are home to dozens, even hundreds, of cultural groups. Their members speak different languages, have different practices and traditions that they want to maintain, and, in some cases, would like for their group to enjoy some autonomy over its own affairs. To extend a full set of language rights or self-government rights to every group that claims them may cripple the liberal state's ability to pursue its legitimate objectives. In these cases, some principle is required for deciding which cultures ought to enjoy a full set of strong cultural rights and which should not. The chapter considers two different approaches to this problem. The first attaches categorical significance to the distinction between “national” and “immigrant” groups. The second answer proposes that one or more general principles be made the basis for determining the allocation of cultural rights.

21. Indigenous peoples’ and minority rights

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
Indigenous Peoples ◽  
Minority Rights ◽  
International Human Rights Law ◽  
Political Rights ◽  
Minority Status ◽  
Human Rights Law ◽  
International Human Rights ◽  
Minority Protection ◽  
International Human

This chapter examines the scope and application of indigenous peoples’ rights and minority rights in international human rights law. It discusses the recognition of the need for minority protection in the drafting of the International Bill of Human Rights; analyses the provisions of Art 27 of the International Covenant on Civil and Political Rights; and describes tests employed to determine minority status. The chapter also considers developments in the protection of minority rights in Europe. The rights of indigenous peoples are also examined.

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