(Im)Possible Tolerance. A Paradox from within Multicultural Societies

2019 ◽  
Vol 11 (1) ◽  
pp. 31-40
Author(s):  
Francesco Trupia ◽  
Keyword(s):  
Minority Rights ◽  
Point Of View ◽  
Contemporary Society ◽  
Immigrant Communities ◽  
Top Down ◽  
National Minorities

This paper deals with the principle of tolerance in our contemporary society in the attempt to highlight limits and paradoxes in the various aspects of minority issues. From this point of view, the first part of the paper discusses Kymlicka’s contribution to multiculturalism with regard to national minorities and immigrant communities, while the second part confronts his Theory of Minority Rights with Antonio Gramsci’s theory of hegemony and circle of humanity. Therefore, this paper aims at shifting the discourse over tolerance-related minority issues from a top-down approach toward an analysis of how tolerance is allowed to be performed. Thus, Gramsci’s philosophy of praxis is employed to disentangle moral and cultural set of values and norms within which both principle of tolerance and performativity of toleration are established and, in parallel, to reflect on reasons why others are not allowed to be performed.

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.

The legal nature of commitments related to the question of minorities

1995 ◽  
Vol 3 (4) ◽  
pp. 301-323
Author(s):  
Janusz Symonides
Keyword(s):  
Minority Rights ◽  
Point Of View ◽  
International Standards ◽  
Whole Body ◽  
Intergovernmental Organizations ◽  
National Minorities ◽  
Hard Law ◽  
Positive Rights ◽  
Legal Nature ◽  
United Nations Declaration

AbstractThough the list of international standards for the protection of the rights of persons belonging to national minorities seems to be quite comprehensive, one cannot overlook the fact that the most important among normative instruments, the United Nations Declaration and CSCE Copenhagen Document, are not legally binding. From the legal point of view while the principles of equality and non-discrimination of persons belonging to national minorities are formulated by "hard law", i.e. by the whole body of international human rights instruments, positive rights are mainly formulated by "soft law", i.e. recommendations and documents of intergovernmental organizations. Although this is true for both universal ad regional standards, nevertheless in comparison with the universal level, the protection of minority rights has been more advanced in the European region and within the OSCE process. The article proposes a number of ways and means by which the further consolidation of international standards concerning minority rights can be achieved.

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.

Top-Down Approach to Area Development Plan Maturation

2021 ◽  
Author(s):  
Muhammad Yazuwan Sallij Muhammad Yasin ◽  
Ir. Suhana Muhammad ◽  
Wan Fatin Izyan Wan Mohd Zamri ◽  
Shahrul Nizam Mohd Radzi
Keyword(s):  
Value Added ◽  
Time Constraint ◽  
Point Of View ◽  
Conventional Approach ◽  
Development Plan ◽  
Top Down ◽  
Study Duration ◽  
Development Concept ◽  
Area Development

Abstract In maturing an Area Development Plan (ADP), most of the data used are incomplete, too fragmented, or sometime due to time constraint; need to be deduced down to assumptions. Due to this fact, an ADP is bound to have updates, even during the course of maturing it. This is where the issue starts. Since the conventional approach is "bottom-up", room to accommodate changes is limited; at times require the whole proposal to be reworked. This is because it focuses on getting the best development concept for a given field first before rolling it up to study the network/interrelationship between fields. A "top-down" approach in maturing an ADP intends to better assist any given team to be agile whilst focusing on value added solutions from a strategic bird's eye point of view. The approach in discussion was adopted and tested to a regional ADP study in year 2020 which initially involves more than 1000 fields (discovered, prospects, and leads). This approach allows for any changes throughout the course of maturing the ADP because, its main focus is to get the best network/interrelationship between fields first, before focusing on the development concept of each of the fields. Other benefits that can be observed by adopting the approach in discussion is a shorter study duration. Based on the case study, the study duration was reduced from 10 months to 6.5 months. With shorter duration too, can help the Company in better manage its manpower resources to focus on things that matters.

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 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.

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.

Data Analysis and Interpretation in Metabolomics

2013 ◽  
pp. 1494-1521
Author(s):  
Jose M. Garcia-Manteiga
Keyword(s):  
Mass Spectrometry ◽  
Nuclear Magnetic Resonance ◽  
Data Analysis ◽  
Systems Biology ◽  
Magnetic Resonance ◽  
Biological System ◽  
Analytical Techniques ◽  
Point Of View ◽  
The Other ◽  
Top Down

Metabolomics represents the new ‘omics’ approach of the functional genomics era. It consists in the identification and quantification of all small molecules, namely metabolites, in a given biological system. While metabolomics refers to the analysis of any possible biological system, metabonomics is specifically applied to disease and physiopathological situations. The data collected within these approaches is highly integrative of the other higher levels and is hence amenable to be explored with a top-down systems biology point of view. The aim of this chapter is to give a global view of the state of the art in metabolomics describing the two analytical techniques usually used to give rise to this kind of data, nuclear magnetic resonance, NMR, and mass spectrometry. In addition, the author will focus on the different data analysis tools that can be applied to such studies to extract information with special interest at the attempts to integrate metabolomics with other ‘omics’ approaches and its relevance in systems biology modeling.

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