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Author: Anikó Szalai Publisher: ISBN: 9789462365957 Category : Human rights Languages : en Pages : 0
Book Description
This book offers comprehensive coverage of all international legal aspects relating to the protection of Europe's biggest minority group, the Roma. It combines a practical approach with in-depth analysis, based on the most up-to-date international documents and more than 160 international and national cases. A unique comparison is made with respect to the similarities of indigenous peoples and the Roma. Issues of indigenous peoples are highly featured in the work of the United Nations, and as such the possibility of extending this protection to the Roma - besides Article 27 of the International Covenant on Civil and Political Rights (ICCPR) - is analyzed. At the European level, the book covers the relevant case-law of the European Court of Human Rights and the European Court of Justice, as well as that of the OSCE, the Council of Europe, the European Committee of Social Rights, and the EU. Besides material law, the book will also guide the reader in procedural aspects by advising on which forum to choose for a Roma-related discrimination case. *** Librarians: ebook available on ProQuest and EBSCO [Subject: Human Rights Law, European Law, International Law, Indigenous Law]
Author: Anikó Szalai Publisher: ISBN: 9789462365957 Category : Human rights Languages : en Pages : 0
Book Description
This book offers comprehensive coverage of all international legal aspects relating to the protection of Europe's biggest minority group, the Roma. It combines a practical approach with in-depth analysis, based on the most up-to-date international documents and more than 160 international and national cases. A unique comparison is made with respect to the similarities of indigenous peoples and the Roma. Issues of indigenous peoples are highly featured in the work of the United Nations, and as such the possibility of extending this protection to the Roma - besides Article 27 of the International Covenant on Civil and Political Rights (ICCPR) - is analyzed. At the European level, the book covers the relevant case-law of the European Court of Human Rights and the European Court of Justice, as well as that of the OSCE, the Council of Europe, the European Committee of Social Rights, and the EU. Besides material law, the book will also guide the reader in procedural aspects by advising on which forum to choose for a Roma-related discrimination case. *** Librarians: ebook available on ProQuest and EBSCO [Subject: Human Rights Law, European Law, International Law, Indigenous Law]
Author: Helen O'Nions Publisher: Routledge ISBN: 1317095650 Category : Social Science Languages : en Pages : 340
Book Description
There are approximately ten million Roma in Europe, making them the continent’s largest non-territorial minority. Despite this fact, the Roma continue to experience routine discrimination and marginalization in European countries. As a result they are seldom engaged in national political activism and are frequently at the bottom of the economic and social ladder. The severity of exclusion experienced by the Roma in societies which have long paid heed to the notion of individual, universal human rights - combined with their geographical dispersal and heterogeneous nature - makes the study of the Roma highly informative. This book examines the theoretical debate concerning the most appropriate way of protecting the fundamental human rights of the Roma, which also illuminates ways in which the rights of minority groups can be protected more generally. As a result, this work will be a valuable resource for social scientists and practitioners in the field of human rights.
Author: Tawhida Ahmed Publisher: Bloomsbury Publishing ISBN: 1847316174 Category : Law Languages : en Pages : 246
Book Description
This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.
Author: Athanasia Spiliopoulou Åkermark Publisher: BRILL ISBN: 9004479872 Category : Law Languages : en Pages : 331
Book Description
This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.
Author: Caroline Wähner Publisher: GRIN Verlag ISBN: 3346199371 Category : Law Languages : en Pages : 15
Book Description
Scientific Essay from the year 2013 in the subject Law - European and International Law, Intellectual Properties, grade: 2,0, Saarland University (Europainstitut), course: SEE-LAW NET: Networking of Lawyers in Advanced Teaching and Research of EU Law post-Lisbon, language: English, abstract: A „typical image“ of Southeast Europe or “the Western Balkans” and its population and problems in literary terms was pictured by the author Karl May. Even today, the word „Balkan“ as a collective term for Albania and the successor states to Yugoslavia (with the exception of Slovenia) holds the potential for conflict. Only by showing the linguistic problem, we see, there is a high potential of geographical, juridical, political, social and communication problems in the context of this region. On approaching the multiethnic structure of Southeast Europe and its willingness for accession – including integration measures – to the EU and considering the potential for conflict regarding the political and geographical classification, it becomes more than obvious that the current state of affairs is multi-layered and difficult.
Author: Claudia Tavani Publisher: Martinus Nijhoff Publishers ISBN: 9004233830 Category : Law Languages : en Pages : 394
Book Description
Is the use of mechanisms that only focus on the protection of individual human rights sufficient to protect the cultural identity of minorities? Much more can be achieved by adopting a system that applies the principles of equality and non-discrimination, and encompasses the recognition of a collective right to cultural identity. Culture and cultural identity are indeed important for the identification of groups and ethnicity. But are the Roma an ethnic group? Are they a minority? In answering these questions, Italy is used as a case study to illustrate the limits of non-discrimination provisions and the need to recognise the collective right to cultural identity.
Author: Jozefien Van Caeneghem Publisher: Springer Nature ISBN: 3030236684 Category : Law Languages : en Pages : 728
Book Description
This book addresses the legal feasibility of ethnic data collection and positive action for equality and anti-discrimination purposes, and considers how they could be used to promote the Roma minority’s inclusion in Europe. The book’s central aim is to research how a societal problem can be improved upon from a legal perspective. The controversy surrounding ethnic data collection and positive action severely limits their use at the national level. Accordingly, legal and political concerns are analysed and addressed in order to demonstrate that it is possible to collect such data and to implement such measures while fully respecting international and European human rights norms, provided that certain conditions are met. Part I focuses on ethnic data collection and explores the key rules and principles that govern it, the ways in which this equality tool could be used, and how potential obstacles might be overcome. It also identifies and addresses the specific challenges that arise when collecting ethnic data on the Roma minority in Europe. In turn, Part II explores positive action and the broad range of measures covered by the concept, before analysing the applicable international and European framework. It reviews the benefits and challenges of implementing positive action for Roma, identifies best practices, and gives special consideration to inter-cultural mediation in the advancement of Roma inclusion. The book concludes with an overview of the main findings on both topics and by identifying three essential elements that must be in place, in addition to full respect for the applicable legal rules, in order to combat discrimination and achieve the inclusion of Roma in Europe by complementing existing anti-discrimination frameworks with the collection of ethnic data and the implementation of positive action schemes.
Author: Sina Van den Bogaert Publisher: BRILL ISBN: 9004354212 Category : Law Languages : en Pages : 576
Book Description
In Segregation of Roma Children in Education, Sina Van den Bogaert examines, from the perspective of public international law, how the Framework Convention for the Protection of National Minorities (Council of Europe) and the Racial Equality Directive 2000/43/EC (European Union) have contributed towards desegregation of Roma children in education in Europe.
Author: Daniele Ferrari Publisher: Routledge ISBN: 1000424006 Category : Law Languages : en Pages : 267
Book Description
This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities’ rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.
Author: Anikó Szalai
Author: Anikó Szalai
Author: Helen O'Nions
Author: Tawhida Ahmed
Author: Kristin Henrard
Author: Athanasia Spiliopoulou Åkermark
Author: Caroline Wähner
Author: Claudia Tavani
Author: Jozefien Van Caeneghem
Author: Sina Van den Bogaert
Author: Daniele Ferrari