Author: Kristin Henrard
Publisher: Cambridge University Press
ISBN: 0521864836
Category : Law
Languages : en
Pages : 475
Book Description
Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?
Synergies in Minority Protection
Author: Kristin Henrard
Publisher: Cambridge University Press
ISBN: 0521864836
Category : Law
Languages : en
Pages : 475
Book Description
Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?
Publisher: Cambridge University Press
ISBN: 0521864836
Category : Law
Languages : en
Pages : 475
Book Description
Have recent developments in international and European law resulted in an integrated and coherent system of minority protection?
Minority Issues in Europe: Rights, Concepts, Policy
Author: Tove H. Malloy
Publisher: Frank & Timme GmbH
ISBN: 3865965431
Category : Political Science
Languages : en
Pages : 352
Book Description
Minorities have been part of European history and politics since the middle of the 16th Century, often seen as obstacles to state-building and later as a threat to nation-building. Traditional minorities have had to fight their own way to be able to remain in their homelands, while new arrivals have been met with rejection and were expected to return home. Minorities are still seen as a threat to peace and security and mostly as outsiders. In the early 21st Century of inter-connected societies, minorities are more than ever an issue often seen as a threat to social cohesion. This book provides the advanced student with a multi-disciplinary, informed perspective on minority history and politics as well as social and cultural issues related to minority identity and minority existence in Europe.
Publisher: Frank & Timme GmbH
ISBN: 3865965431
Category : Political Science
Languages : en
Pages : 352
Book Description
Minorities have been part of European history and politics since the middle of the 16th Century, often seen as obstacles to state-building and later as a threat to nation-building. Traditional minorities have had to fight their own way to be able to remain in their homelands, while new arrivals have been met with rejection and were expected to return home. Minorities are still seen as a threat to peace and security and mostly as outsiders. In the early 21st Century of inter-connected societies, minorities are more than ever an issue often seen as a threat to social cohesion. This book provides the advanced student with a multi-disciplinary, informed perspective on minority history and politics as well as social and cultural issues related to minority identity and minority existence in Europe.
Linguistic Diversity and European Democracy
Author: Anne Lise Kjær
Publisher: Routledge
ISBN: 1317104919
Category : Law
Languages : en
Pages : 261
Book Description
What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.
Publisher: Routledge
ISBN: 1317104919
Category : Law
Languages : en
Pages : 261
Book Description
What role does linguistic diversity play in European democratic and legal processes? Is it an obstacle to deliberative democracy and a hindrance to legal certainty, or a cultural and economic asset and a prerequisite for the free movement of citizens? This book examines the tensions and contradictions of European language laws and policy from a multi-disciplinary perspective. With contributions from leading researchers in EU law and legal theory, political science, sociology, sociolinguistic and cognitive linguistics, it combines mutually exclusive and competing perspectives of linguistic diversity. The work will be a valuable resource for academics and researchers in the areas of European law, legal theory and linguistics.
A Dialogical Concept of Minority Rights
Author: Hanna H. Wei
Publisher: BRILL
ISBN: 9004312048
Category : Law
Languages : en
Pages : 276
Book Description
In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.
Publisher: BRILL
ISBN: 9004312048
Category : Law
Languages : en
Pages : 276
Book Description
In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.
Protecting the Religious Freedom of New Minorities in International Law
Author: Fabienne Bretscher
Publisher: Routledge
ISBN: 0429559178
Category : Law
Languages : en
Pages : 251
Book Description
This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.
Publisher: Routledge
ISBN: 0429559178
Category : Law
Languages : en
Pages : 251
Book Description
This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities’ right to freedom of religion and belief, and the absence of such concept in the HRC’s case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.
Minority Language Promotion, Protection and Regulation
Author: C. Williams
Publisher: Springer
ISBN: 1137000848
Category : Language Arts & Disciplines
Languages : en
Pages : 235
Book Description
This is an analysis of the promises and contradictions surrounding contemporary minority language policy. It draws on theoretical and real-world perspectives and interviews with key players within European institutions together with field work undertaken principally in Ireland, Scotland, Wales, the Basque Country, Catalonia and Canada.
Publisher: Springer
ISBN: 1137000848
Category : Language Arts & Disciplines
Languages : en
Pages : 235
Book Description
This is an analysis of the promises and contradictions surrounding contemporary minority language policy. It draws on theoretical and real-world perspectives and interviews with key players within European institutions together with field work undertaken principally in Ireland, Scotland, Wales, the Basque Country, Catalonia and Canada.
Political Participation of Minorities
Author: Marc Weller
Publisher:
ISBN: 0199569983
Category : Law
Languages : en
Pages : 921
Book Description
This Commentary provides the reader with a review of international standards and practice relating to the political participation of minorities. Political participation has been increasingly recognized as a foundational issue in the debate about minority rights. It is argued that minorities are more likely to feel co-ownership in the state if they have the opportunity to participate freely and effectively in all aspects of its governance, and that sustained and meaningful engagement will guard against the sense of alienation and exclusion among minorities that often emerges in ethnically divided societies. Taking as its starting point the two most important standard-setting documents in the field - the Lund Recommendations on the Effective Participation of National Minorities in Public Life, developed by the Organization for Security and Cooperation in Europe, and the Council of Europe's Thematic Commentary on the Issue of Political Participation of Minorities - the Commentary locates the international legal entitlement to political participation within the wider context of the right to democratic governance. It also considers effective participation in relation to the right to full and effective equality, as well as the legal entrenchment of these provisions and implementation mechanisms. Individual chapters then consider each of the principal mechanisms aimed at enhancing political participation, ranging from procedures covering minority representation in political institutions to consultative mechanisms and autonomy solutions. The Commentary draws on a team of experts, all of whom are recognized authorities in this specialized area of minority issues.
Publisher:
ISBN: 0199569983
Category : Law
Languages : en
Pages : 921
Book Description
This Commentary provides the reader with a review of international standards and practice relating to the political participation of minorities. Political participation has been increasingly recognized as a foundational issue in the debate about minority rights. It is argued that minorities are more likely to feel co-ownership in the state if they have the opportunity to participate freely and effectively in all aspects of its governance, and that sustained and meaningful engagement will guard against the sense of alienation and exclusion among minorities that often emerges in ethnically divided societies. Taking as its starting point the two most important standard-setting documents in the field - the Lund Recommendations on the Effective Participation of National Minorities in Public Life, developed by the Organization for Security and Cooperation in Europe, and the Council of Europe's Thematic Commentary on the Issue of Political Participation of Minorities - the Commentary locates the international legal entitlement to political participation within the wider context of the right to democratic governance. It also considers effective participation in relation to the right to full and effective equality, as well as the legal entrenchment of these provisions and implementation mechanisms. Individual chapters then consider each of the principal mechanisms aimed at enhancing political participation, ranging from procedures covering minority representation in political institutions to consultative mechanisms and autonomy solutions. The Commentary draws on a team of experts, all of whom are recognized authorities in this specialized area of minority issues.
Rights and Courts in Pursuit of Social Change
Author: Dia Anagnostou
Publisher: Bloomsbury Publishing
ISBN: 1782251871
Category : Law
Languages : en
Pages : 320
Book Description
Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
Publisher: Bloomsbury Publishing
ISBN: 1782251871
Category : Law
Languages : en
Pages : 320
Book Description
Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?
European Yearbook of Minority Issues
Author: European Centre for Minority Issues
Publisher: Martinus Nijhoff Publishers
ISBN: 9004142800
Category : Political Science
Languages : en
Pages : 545
Book Description
The "European Yearbook of Minority Issues" provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe. "Part I" contains scholarly articles and, in 2003/4, features two special focus sections on The Impact of Islam in Europe and Economic Participation of Minorities. "Part II" reviews the implementation of minority legislation and international standards at the universal and regional levels as well as new developments in relation to them and contains a list of international norms. Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.
Publisher: Martinus Nijhoff Publishers
ISBN: 9004142800
Category : Political Science
Languages : en
Pages : 545
Book Description
The "European Yearbook of Minority Issues" provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe. "Part I" contains scholarly articles and, in 2003/4, features two special focus sections on The Impact of Islam in Europe and Economic Participation of Minorities. "Part II" reviews the implementation of minority legislation and international standards at the universal and regional levels as well as new developments in relation to them and contains a list of international norms. Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.
Routledge International Handbook of Diversity Studies
Author: Steven Vertovec
Publisher: Routledge
ISBN: 1317600681
Category : Social Science
Languages : en
Pages : 609
Book Description
In recent years the concept of ‘diversity’ has gained a leading place in academic thought, business practice and public policy worldwide. Although variously used, ‘diversity’ tends to refer to patterns of social difference in terms of certain key categories. Today the foremost categories shaping discourses and policies of diversity include race, ethnicity, religion, gender, disability, sexuality and age; further important notions include class, language, locality, lifestyle and legal status. The Routledge Handbook of Diversity Studies will examine a range of such concepts along with historical and contemporary cases concerning social and political dynamics surrounding them. With contributions by experts spanning Sociology, Anthropology, Political Science, History and Geography, the Handbook will be a key resource for students, social scientists and professionals. It will represent a landmark volume within a field that has become, and will continue to be, one of the most significant global topics of concern throughout the twenty-first century.
Publisher: Routledge
ISBN: 1317600681
Category : Social Science
Languages : en
Pages : 609
Book Description
In recent years the concept of ‘diversity’ has gained a leading place in academic thought, business practice and public policy worldwide. Although variously used, ‘diversity’ tends to refer to patterns of social difference in terms of certain key categories. Today the foremost categories shaping discourses and policies of diversity include race, ethnicity, religion, gender, disability, sexuality and age; further important notions include class, language, locality, lifestyle and legal status. The Routledge Handbook of Diversity Studies will examine a range of such concepts along with historical and contemporary cases concerning social and political dynamics surrounding them. With contributions by experts spanning Sociology, Anthropology, Political Science, History and Geography, the Handbook will be a key resource for students, social scientists and professionals. It will represent a landmark volume within a field that has become, and will continue to be, one of the most significant global topics of concern throughout the twenty-first century.