Human and Minority Rights Protection by Multiple Diversity Governance PDF Download

Author: Joseph Marko
Publisher: Routledge
ISBN: 1134830432
Category : Political Science
Languages : en
Pages : 622

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Book Description
Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.

Author: Li-Ann Thio
Publisher: BRILL
ISBN: 9047414950
Category : Law
Languages : en
Pages : 399

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Book Description
Minority protection is integral to a civilised standard of internal good governance. The goal of promoting friendly inter-group relations within states highlights the linkages between constitutionalism and the extending reach of international law in shaping domestic governance and structuring relations between the state, non-state communities and individuals. While law per se cannot guarantee the security and integrity of minority groups, law and legal institutions play a role in promoting a tolerant and pluralistic environment and a multicultural ethos that appreciates, rather than resents, ethno-cultural diversity. This book is a comprehensive, modern study of the important field of international protection of minority rights, focusing on 20th century developments. Minority rights regimes, which address the issue of group identity and autonomy, have essentially been a stabilising force, buttressing state survivability in the face of claims to self-determination or secession. These serve to promote the peaceful co-existence of distinct ethno-cultural groups, captured by the metaphor of ‘Babel’, within existing states. Despite overlaps, the content of minority protection is more modest than the claim of indigenous groups for collective rights or peoples’ rights to self-determination. As part of the contemporary corpus of human rights norms, minority protection may be appreciated as an aspect of the evolving content of the ‘internal’ dimension of the right to self-determination. Chapter 1 introduces some key definitional and conceptual problems in the field of minority protection and presents a brief historical review of international approaches up to 1919. Chapter 2 discusses the League of Nations era. Chapter 3 examines approaches towards minority protection after World War Two as reflected in the drafting of the United Nations Charter and efforts to protect minorities outside the UN regime. In this period, discussed in Chapters 4 and 5, minorities' issues remained largely submerged within the UN project of promoting universal individual human rights. Chapter 6 addresses the post-1989 revival in minorities' issues within the UN; Chapter 7 offers a succinct overview of what might be considered a parallel history with respect to the development of regional human rights schemes and what these afford to minority protection, closing with concluding observations. Meticulously researched, this volume offers a valuable synthesis of this important but often heart-breaking field.

Author: Joseph Marko
Publisher: Studies in Territorial and Cul
ISBN: 9789004515857
Category : Law
Languages : en
Pages : 0

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Book Description
Globalisation, migration, and (de-)secularisation have fundamentally transformed the concepts of religion, state, and law during the last decades. The main goal of this interdisciplinary approach is to clarify the multifaceted theoretical and practical challenges of religious diversity and socio-political pluralism in Europe.0In twenty-two chapters, the contributions to this volume revisit basic concepts, structures and institutional settings such as sovereignty, the dogma of the separation of state, church and/or religion; human and minority rights; gender and religion; varieties of fundamentalisms, interreligious dialogue and peacebuilding and, not least, religious education.

Author: Jane Boulden
Publisher: OUP Oxford
ISBN: 0191664294
Category : Political Science
Languages : en
Pages : 288

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Book Description
One of the most remarkable features of the post-Cold War period has been the upsurge of international involvement in questions of ethnic diversity. From the United Nations and the European Court of Human Rights to diverse international philanthropic and advocacy organizations, a wide range of international actors have adopted policies and principles for addressing questions of ethnic rights, identity, and conflict. International Approaches to Governing Ethnic Diversity explores whether and how these international actors contribute to the peaceful and democratic governance of ethnic diversity. It focuses on two broad areas of international work: the evolution of international legal norms regarding the rights of minorities and indigenous peoples, and international approaches to conflict and post-conflict development. The book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity, and exploring their often contradictory roles and impacts. Most international actors come to questions of ethnic diversity indirectly and reluctantly, on the basis of widely varying mandates many of which were established to fulfill other objectives.They naturally therefore have different priorities and perspectives. And yet, the book identifies a striking convergence amongst international actors around discourses of diversity and equality, demonstrating the existence of an epistemic community where actors work within common vocabularies, discourses and principles that attempt to link human rights, pluralism, development and peace.

Author: Hanna H. Wei
Publisher: BRILL
ISBN: 9004312048
Category : Law
Languages : en
Pages : 276

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Book Description
In A Dialogical Concept of Minority Rights, Hanna H. Wei offers a re-conceptualisation of the notion of minority rights as the first step of a possible solution to some of the theoretical and practical difficulties of minority protection.

Author: Clive Baldwin
Publisher: Minority Rights Group
ISBN: 1904584624
Category : Social Science
Languages : en
Pages : 44

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Book Description
This report, Minority Rights: The Key to Conflict Prevention, cogently argues that an understanding of minority rights is essential for anyone dealing with conflict prevention and resolution. The report’s authors, Clive Baldwin, Chris Chapman and Zoë Gray, demonstrate the strong links between minority rights violations and the outbreak of major conflicts, drawing on research carried out in China, India, Iraq, Kosovo, Nicaragua, the Philippines and Sudan, among other states. MRG’s report shows how minority rights violations are often warning signs of an approaching conflict. This new report looks at five themes: minority identity, the ability of minorities to participate in political and economic life, land/property rights and justice issues. Using case studies and providing practical advice, the authors show why ignoring early warning signs in any of these areas could lead to a build up of tensions and ultimately, violent conflict. The international community’s record on minority rights and conflict prevention is examined and found wanting. The report concludes with a checklist and a series of recommendations aimed at international bodies working on conflict prevention and resolution.

Author: Kristin Henrard
Publisher: BRILL
ISBN: 9004189718
Category : Law
Languages : en
Pages : 454

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Book Description
This edited volume offers a rich compilation of perspectives on (perceived) differential standards of international organisations concerning minority protection. It also addresses the ongoing controversial question of the status of ‘new’ minorities, without neglecting the protection of minorities within minorities.

Author: Francesco Palermo
Publisher: BRILL
ISBN: 9047429427
Category : Law
Languages : en
Pages : 286

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Book Description
The book offers a comprehensive analysis of the issues concerning national minorities in the context of inter-State relations, by respecting the rights of persons belonging to minorities, maintaining interethnic harmony and strengthening good neighbourly relations.

Author: John M. Mbaku
Publisher: Edward Elgar Publishing
ISBN: 1786438615
Category : Political Science
Languages : en
Pages : 364

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Book Description
In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens - including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa's struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities.From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.

Author: Bertus de Villiers
Publisher: BRILL
ISBN: 9004461663
Category : Law
Languages : en
Pages : 295

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Book Description
This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.