Journal articles: 'Minority Rights Group'

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Thomas, C. "Evaluation at Minority Rights Group." Journal of Human Rights Practice 1, no. 3 (2009): 488–98. http://dx.doi.org/10.1093/jhuman/hup020.

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Oestreich, Joel E. "Liberal Theory and Minority Group Rights." Human Rights Quarterly 21, no. 1 (1999): 108–32. http://dx.doi.org/10.1353/hrq.1999.0011.

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Joppke, Christian. "Minority Rights for Immigrants? Multiculturalism versus Antidiscrimination." Israel Law Review 43, no. 1 (2010): 49–66. http://dx.doi.org/10.1017/s0021223700000042.

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Contemporary immigration has reinforced calls for minority rights in liberal states, which accrue to immigrants (but also to citizens) qua member of an ethnic minorify group. It is often overlooked that such minority rights may be of two kinds: multicultural rights that protect cultural differences or antidiscrimination rights that attack discrimination on these grounds. I argue that the importance of multicultural rights has been greatly exaggerated, and that much of the work attributed to them has in fact been accomplished by group-indifferent individual rights. By contrast, antidiscrimination rights are growing stronger; even in Europe. However, to the degree that it tackles indirect discrimination, antidiscrimination cannot but be factually group-making, even in states that reject multiculturalism.

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Riagáin, Pádraig Ó., and Niamh Nic Shuibhne. "Minority Language Rights." Annual Review of Applied Linguistics 17 (March 1997): 11–29. http://dx.doi.org/10.1017/s0267190500003251.

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Contests over human rights as claims or entitlements to state assistance are how a major, if relatively recent, feature of the socio-political processes and institutions, of modern societies (Turner 1993). Within this wider debate about human rights, the subject of minority rights has long been of concern (Dinstein and Tabory 1992, Sigler 1983). A widely held, but not unanimous, view has emerged which argues that minorities have group or collective rights which cannot be reduced to their human rights as individuals. Linguistic and cultural rights are seen by many scholars as two such overlapping dimensions of collective minority rights (de Varennes 1996, Kymlicka 1995a, Phillipson and Skutnabb-Kangas 1995). In a world of multicultural and multilingual states, so the argument runs, these collective rights can only be guaranteed by the active involvement of states in the implementation of policies which support linguistic and cultural rights, just as in the case of more universally recognized and accepted social and economic rights (Stavenhagen 1990).

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Fatwa, A. Fajruddin. "Kontruksi Filosofis Perlindungan Hak Asasi Manusia Minoritas Keagamaan dalam Konstitusi Indonesia." al-Daulah: Jurnal Hukum dan Perundangan Islam 4, no. 02 (2015): 368–87. http://dx.doi.org/10.15642/ad.2014.4.02.368-387.

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Abstract: This article focuses on presenting problem of religious minority right in Indonesia. Based on its constitution, Indonesia has equal protection for all citizens. There are some basic religion right clearly protected and presented in constitutional and criminal law. Unfortunately, violation of minority rights still continues in Indonesian life. According to research data, there are a big gap perception between government and the people. Government choose to float the norms of religious minority right protection in abstract level and most of religious minority group asked more detail and concrete norm.Keywords: Religious minority protection, human rights, religious minority.

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Pande, Dhruv, and Munmun Jha. "Cultural Identity and Human Rights: Minority Claims, Ethnic Identity and Group Rights." Open Journal of Political Science 06, no. 04 (2016): 351–62. http://dx.doi.org/10.4236/ojps.2016.64032.

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Minta, Michael D. "Diversity and Minority Interest Group Advocacy in Congress." Political Research Quarterly 73, no. 1 (2019): 208–20. http://dx.doi.org/10.1177/1065912919885024.

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This paper examines the role that racial and ethnic diversity plays in improving the legislative success of minority interest groups. Relying on campaign contributions and lobbying expenditures to explain minority interest groups’ influence on legislators’ behavior is not sufficient, because most minority organizations are public charities, or 501(c)(3) organizations, and as such are both banned by federal law from making candidate contributions and limited in how much they can spend on federal lobbying. I argue, however, that the inclusion of more blacks and Latinos on congressional committees enhances the lobbying influence—and thus the legislative success—of civil rights organizations in Congress. Using data from lobbying disclosure reports on bills supported by black American and Latino civil rights groups in the 110th Congress (2007–2008) and 111th Congress (2009–2010), as well as House markup data, I find that National Association for the Advancement of Colored People (NAACP), Leadership Conference on Civil and Human Rights (LCCR), and UnidosUS-supported bills referred to House committees with greater proportions of racial and ethnic minorities received more markups than did bills referred to House committees with less diversity. Diversity is significant in predicting committee attention even when accounting for possible confounding factors, including committee jurisdiction and the ideological composition of committee membership.

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Vitikainen, Annamari. "Group Rights, Collective Goods, and the Problem of Cross-border Minority Protection." International Journal on Minority and Group Rights 26, no. 2 (2019): 261–88. http://dx.doi.org/10.1163/15718115-02602002.

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This article argues that there are both practical and conceptual reasons for relaxing the prevailing state-centric frameworks for minority protection in the global arena. The article discusses two example cases: the indigenous Sami and the Roma travellers. It draws on analyses of the kinds of rights protected by the key international minority rights documents, and the kinds of goods these rights provide access to. The article argues that the cross-border nature of certain minorities poses specific challenges to the prevailing system of distributing responsibilities for protecting minorities across individual states, each of which has territorially limited obligations. It concludes by paving the way towards a more cosmopolitan institutional approach to cross-border minority protections.

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Føllesdal, Andreas, and Nils Butenschøn. "Minority and Group Rights to Accommodate Difference: Approaches and Applications." International Journal on Minority and Group Rights 13, no. 2-3 (2006): 131–39. http://dx.doi.org/10.1163/157181106777909795.

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Munifah, Siti. "SOLIDARITAS KELOMPOK MINORITAS DALAM MASYARAKAT (Studi Kasus Kelompok Waria Di Pondok Pesantren Waria Al Fatah Yogyakarta)." Jurnal Sosiologi Agama 11, no. 1 (2018): 109. http://dx.doi.org/10.14421/jsa.2017.1101-07.

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In a society, based on the size of the members there are two social groups namely the majority and minority groups. Majority groups are the largest part of a society. In contrast, minority groups are the smallest part of a society. In everyday life, minority groups do not often get their rights like majority groups in general. To obtain these rights, minority social groups often form a group or community to achieve desired goals. With strong Solidarity within a group, together they (minority groups) can fight for their rights and face an external threat (conflict). Through this article, the author will give an idea how solidarity of a minority group (waria) in facing conflict especially transvestites that exist in the boarding school of Islamic transvestites Fatah Yogyakarta.Keywords: solidarity, minority, transgender, transvestite pesantren.

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Munifah, Siti. "SOLIDARITAS KELOMPOK MINORITAS DALAM MASYARAKAT (Studi Kasus Kelompok Waria Di Pondok Pesantren Waria Al Fatah Yogyakarta)." Jurnal Sosiologi Agama 11, no. 1 (2018): 109. http://dx.doi.org/10.14421/jsa.2017.111-07.

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In a society, based on the size of the members there are two social groups namely the majority and minority groups. Majority groups are the largest part of a society. In contrast, minority groups are the smallest part of a society. In everyday life, minority groups do not often get their rights like majority groups in general. To obtain these rights, minority social groups often form a group or community to achieve desired goals. With strong Solidarity within a group, together they (minority groups) can fight for their rights and face an external threat (conflict). Through this article, the author will give an idea how solidarity of a minority group (waria) in facing conflict especially transvestites that exist in the boarding school of Islamic transvestites Fatah Yogyakarta.Keywords: solidarity, minority, transgender, transvestite pesantren.

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Akanji, Olajide. "Group Rights and Conflicts in Africa: A Critical Reflection on Ife-Modakeke, Nigeria." International Journal on Minority and Group Rights 16, no. 1 (2009): 31–51. http://dx.doi.org/10.1163/157181109x394362.

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AbstractThe issue of group rights is indubitably an issue that concerns both minority and majority groups. Notwithstanding, minorities are quicker to claim the rights than the dominant groups. But the fact that group rights are a set of rights, though distinguishable from individual rights, within the general framework of fundamental human rights, shows that both minority and majority groups can exercise and enjoy them. The thrust of this article, however, is to fill the lacuna in extant literature on the need to appraise the role and place of group rights in the generation, transformation and sustenance of conflicts in Nigeria. The paper uses the age-long, protracted Ife-Modakeke conflict as a case study. Nigeria, being a plural society, the paper infers, is indeed susceptible to conflicts that border on issues of the collective rights of ethnic, sub-ethnic and religious groups. The article, nonetheless, argues that it is the non-recognition and respect of the rights of groups, both minority and majority, through the non-provision of adequate and appropriate measures by successive governments, contrary to international standards to which the country is a signatory, that often heightened tension and fractured inter-group relations in the country.

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Carmi, Na'ama. "Immigration Policy: Between Demographic Considerations and Preservation of Culture." Law & Ethics of Human Rights 2, no. 1 (2008): 1–29. http://dx.doi.org/10.2202/1938-2545.1025.

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Cultural rights of minority groups are recognized in international human rights law. These rights include the right of minority groups to adopt various measures to protect their cultural identity, which may include closure of the groups community from outsiders. The state in which such groups reside has a concurrent duty to respect these rights and sometimes even to take positive measures to ensure their implementation. The consideration of demographic factors, then, is regarded as legitimate when designed to protect minority groups. The rights of majority groups, on the other hand, are often ensured by the mere fact that they constitute a majority within the state and as such do not require special measures.This state of affairs is challenged, however, in face of mass immigration that could change the relation existing between majority and minority groups within the state. Under these circumstances, does a majority have the right to preserve its own culture through an immigration policy that takes into account demographic factors? I argue that the duty of states under international human rights law to protect rights of minority groups might serve as an incentive to restrict immigration endangering the character of the state. This characterthe states public cultureis the outcome of collective preferences of the majority of its citizens, which is assumed ought to be respected.

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Bajalan, Chemen. "The The European Court of Human Rights’ Approach in the Protection of Rights of Religious Minority Groups." ISSUE 7 4, no. 2 (2020): 28–41. http://dx.doi.org/10.25079/ukhjss.v4n2y2020.pp28-41.

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The European Court of Human Rights (ECtHR) is reluctant to distinguish the group right qua group. However, it is impossible to ignore the group dimension in the right to freedom of religion. Such a dimension is clearer in the manifestation of beliefs, which require more common practices than mere beliefs. The Court's decisions when dealing with the freedom of religion tend to be inconsistent because it considers the unique social and political situation of each member state. This limits the scope of the right to freedom of religion and the range of protection of a group's religious rights. Using a literature review and analyzing the case law, this paper highlights the inconsistencies in the Court’s decisions in relation to acknowledging minorities’ religious rights.

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Klímová-Alexander, Ilona. "Development and Institutionalisation of Romani Representation and Administration. Part 1." Nationalities Papers 32, no. 3 (2004): 599–629. http://dx.doi.org/10.1080/0090599042000246415.

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The post-1989 rise of ethnic conflicts in the former Eastern Bloc have led to the renewed salience of minority rights and their prominence in international relations. The 1990s witnessed a proliferation of legal instruments and offices dedicated to minority rights at the intergovernmental level (mainly within the Organisation for Security and Cooperation in Europe, Council of Europe, but also the United Nations). After decades of arguing that rights of persons belonging to national, ethnic or religious minorities can be sufficiently ensured within the framework of universal human rights, attributed to individuals regardless of group membership, liberal political theorists (most notably Will Kymlicka) have started to advocate the need to supplement these traditional human rights with minority rights (meaning certain group-differentiated rights or “special status” for minority cultures) in order to ensure justice in multicultural states.

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Hamlisch, C. "NEW APPROACHES TO MINORI1Y PROTECTION / Eide, A (ed.) - London: Minority Rights Group, December 1993. - 19 p.: bibl., ill. - (Minority Rights Group Report, ISSN 0305 6252; no. 4) ISBN 1-897693-50-8." Refugee Survey Quarterly 13, no. 4 (1994): 119–20. http://dx.doi.org/10.1093/rsq/13.4.119.

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van der Veer, Peter. "Minority Rights and Hindu Nationalism in India." Asian Journal of Law and Society 8, no. 1 (2021): 44–55. http://dx.doi.org/10.1017/als.2020.51.

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AbstractIn this paper, I want to focus on some aspects of the political process in India that have an impact on the treatment of religious minorities. Much of the discussion on multicultural jurisdictions deals with differentiated citizenship rights that allow religious groups to maintain their normative universe. This literature shows the tensions surrounding individual and group rights. I want to approach the question of religious freedom from a rather different angle. I want to first focus on the protection of bare life in the face of religious violence and then examine the issue of conversion from one religion to another. The issues of human security and conversion are linked in India, since Hindu nationalists see Muslims as forcibly converted Hindus who should be reconverted. To highlight the importance of majoritarian nationalism rather than political systems in the treatment of religious minorities, I offer a brief comparison with China.

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Marwan, Awaludin. "Good Ethnic Minority Justice: The Need for Good Governance by Ethnic Minority Group." Jurnal Keamanan Nasional 5, no. 2 (2019): 203–24. http://dx.doi.org/10.31599/jkn.v5i2.444.

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Good ethnic minority justice is a notion which stipulates equal treatment for all people, including ethnic minorities, regardless of their ethnic, religious, or cultural background. This paper will discuss the vital demand for the implementation of good governance in providing justice to ethnic minorities. Good governance, at least, comprises of the principle of transparency, the principle of participation and the principle of human rights. Furthermore, this paper will focus on theoretical and philosophical analyses towards the need for good ethnic minority justice. Some examples are mentioned from the situation of legal protection of ethnic minorities in Indonesia and the Netherlands. Meanwhile, philosophical discourses emphasize good ethnic minority justice which is the opposite of the dominant theory of justice. The theory of justice mostly supports the position of the majority. Good ethnic minority justice highlights the legal protection of ethnic minorities.

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McDonald, Michael. "Should Communities Have Rights? Reflections on Liberal Individualism." Canadian Journal of Law & Jurisprudence 4, no. 2 (1991): 217–37. http://dx.doi.org/10.1017/s0841820900002915.

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The central question for this paper is whether communities should have rights. This is a question that I will consider in a certain ideological or normative context, namely, that of liberalism. There are other contexts in which the question could be asked; for in non-liberal ideological settings there have sometimes been clear positive answers to the question of whether minority communities should have rights. Thus, the Ottoman Empire’s millet system provided a system of group rights. Various other autocratic states like Czarist Russia have also provided at least some de facto if not de jure protection for various minority groups. One might even argue that various nineteenth and twentieth century European colonial regimes protected to some extent minority ethnic rights. On paper, Marxist governments in the Soviet Union and Yugoslavia have made provision for various sorts of group rights; but as current events attest, neither Moscow nor Belgrade is very comfortable with the vigorous exercise of such rights. Indeed, in both the origins and the consequences of the First and Second World Wars, group rights played an extensive role.

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Ashamu, Elizabeth. "Centre for Minority Rights Development (Kenya) and Minority Rights Group International on Behalf of Endorois Welfare Council v Kenya: A Landmark Decision from the African Commission." Journal of African Law 55, no. 2 (2011): 300–313. http://dx.doi.org/10.1017/s0021855311000155.

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AbstractThis is the first judgment from the African Commission on Human and Peoples' Rights to address the rights of indigenous peoples and their claims to land and natural resources. It is also the first ruling by an international tribunal which finds a violation of the right to development. The Commission examined the Kenyan government's eviction of the indigenous Endorois community from their ancestral land around Lake Bogoria to establish a game reserve. Finding violations of the rights of the Endorois to religion, culture, property, natural resources and development, the Commission called for the recognition of Endorois ownership of their ancestral land and its restitution to the community. This case note describes the Commission's legal analysis of the Endorois case and explains how the decision establishes an important precedent for ensuring equity and participation in natural resource management and development on indigenous lands.

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Widiastuti, Siti Kurnia. "Religious Freedom for Minority Muslim Group Based on Gender in Indonesia." Musãwa Jurnal Studi Gender dan Islam 16, no. 2 (2017): 169. http://dx.doi.org/10.14421/musawa.2017.162.169-187.

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Artikel ini membahas tentang kebebasan beragama bagi kelompok minoritas Muslim berdasarkan gender di Indonesia. Kelompok minoritas sering mengalami permasalahan untuk dapat mengakses hak-haknya sebagai warga negara. Transgender merupakan salah satu kelompok minoritas berdasarkan gender yang sering mengalami permasalahan tersebut. Hak beragama merupakan salah satu hak sipil yang dimiliki oleh setiap warga negara. Namun, keberadaan transgender belum sepenuhnya diterima oleh seluruh lapisan masyarakat di Indonesia, khususnya masyarakat Muslim, maka mereka terhambat untuk dapat mengekspresikan keyakinan agama mereka. Faktanya, transgender itu ada dalam kehidupan sosial. Fenomena tersebut juga sudah ada ketika zaman pra-Islam ataupun zaman Nabi Muhammad SAW. Ayat-ayat Al Qur’an yang dijadikan inspirasi untuk mendefinisikan transgender adalah QS. Al Hajj: 5 dan QS. An-Nur: 31. Sedangkan dalam hadith juga ada penjelasan tentang transgender, pada kisah transgender dan istri-istri Nabi. Sehingga Fiqh, sebagai landasan hukum dalam Islam juga memberikan penjelasan tentang peribadatan yang terkait dengan transgender. Term yang disebutkan dalam Fiqh untuk istilah transgender adalah khuntha dan mukhannath. Akan tetapi dalam sebagian besar penjelasan mengenai transgender dari para Ulama Muslim, sering melupakan kondisi psikis yang dialami oleh transgender. Seseorang tidak bisa dengan mudah memahami kondisi yang dialami oleh transgender. Untuk memahami transgender, seseorang tidak cukup hanya melihat dari aspek fisik saja, tetapi perlu menelaah aspek psikologis dan biologis dari transgender tersebut.[This article explains the religious freedom for Muslim minority group based on the gender in Indonesia. The minority groups usually face some obstacle to access their rights as a citizen. Transgender as one of a minority group based on the gender and they usually face that problem. The religious rights include to the civil rights and all of the citizen should have it. However, the existence of transgender in the social community cannot be accepted yet by the Indonesia society, especially Muslim society. So, it causes the difficulties for them to express their belief. In fact, transgender exists in social life. This phenomenon has been existing since the pre-Islamic era or the era of the Prophet Muhammad. There several verses of Qur’an explain about transgender, such as QS. Al-Hajj: 5 and QS. An-Nur: 31. Moreover, the explanation about transgender also exists in hadith, in the story of transgender and Prophet’s wives. Therefore, Fiqh as a fundamental of Islamic law also explains how transgender does their pray. In Fiqh of Islam, transgender is called as khuntha and mukhannath. But in most of the explanations about transgender from Muslim scholars, they often forget about the psychological conditions of transgender. People cannot easily understand the condition of transgender. Therefore, to understand their condition, it is not enough by seeing them only from the physical aspect, but we need to understand their psychological and biological conditions.]

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Cerone, John. "African Commission on Human and Peoples’ Rights: Centre for Minority Rights Development (Kenya) & Minority Rights Group International on Behalf of Endorois Welfare Council v. Kenya." International Legal Materials 49, no. 3 (2010): 858–906. http://dx.doi.org/10.5305/intelegamate.49.3.0858.

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Triyono, Nur. "Isu Perkawinan Minoritas di Thailand." Journal de Jure 8, no. 1 (2016): 38. http://dx.doi.org/10.18860/j-fsh.v8i1.3728.

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People usually divided into two groups, the group of majority and the group of minority. Most of the majority takes the advantage in controlling every policies ruled in their local area, meanwhile the group of minority sometimes able to participate in making the policies and sometimes do not have any rights to do so. This library study focuses on Thailand marriage minority issues, which is one of the unique country that giving both groups the rights to contribute in making policies. It not only holding the sacred tradition of west and applying the traditional wedding value of Thai, it also give a space for minorities’ people to manage their wedding. The study concluded that White Elephant country has two big minorities group in wedding issue; the group of LGBT and interfaith wedding that usually performed by Muslim and Buddhists in South Thailand area.<br />Masyarakat dalam sebuah negara biasanya terbagi dalam dua kelompok besar, kelompok mayoritas dan kelompok minoritas. Kelompok mayoritas biasanya memegang kendali dalam setiap kebijakan yang akan dilaksanakan dalam lingkungan masyarakat tersebut, sementara kelompok minoritas terkadang dapat ikut berperan di dalamnya dan terkadang juga tidak mendapatkan peran apapun dalam melaksanakan sebuah kebijakan di lingkungan tersebut. Negara Thailand merupakan memiliki keunikan tersendiri, karena selain tetap memegang kebijakan dalam melaksanakan perkawinan adat ketimuran yang kental dengan nilai-nilai budaya Thailand, negara gajah putih ini juga memberikan ruang kepada perkawinan kelompok minoritas yang ada di negara itu. Perkawinan minoritas yang terjadi di negara ini antara lain adalah isu perkawinan sejenis yang dilakukan oleh kelompok minoritas LGBT dan isu perkawinan beda agama yang umumnya terjadi antara mereka yang beragama Islam dan Buddha di wilayah Thailand Selatan.

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Patten, Alan. "Populist multiculturalism: Are there majority cultural rights?" Philosophy & Social Criticism 46, no. 5 (2020): 539–52. http://dx.doi.org/10.1177/0191453720903486.

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Theories of multiculturalism explore whether minority cultural groups have rights and claims that limit the nation-building aims of the modern state and that protect a space in which minorities can express, enjoy and preserve their own distinctive cultures. What are the implications of these theories for majority cultures? The concepts, terminology, and arguments made by multicultural theorists in favour of minority rights often seem relevant and applicable to the situations of national majorities. The major arguments associated with multiculturalism do not directly hinge on whether a particular group is in the minority or the majority and thus all seem potentially applicable to the situations of majority cultural groups. The possibility that liberal multicultural arguments for minority rights offer a language for justifying the rights of majority cultures has not gone unnoticed by theorists on the populist right, including those on the far right. The appropriation of liberal theories of multiculturalism by thinkers concerned to defend the prerogatives of traditional White, Christian cultures in Europe and America is a well-documented phenomenon. It is tempting to dismiss these ‘majority rights’ arguments as distortions of the nuanced, subtle views of liberal multiculturalists. In this article, I pursue a different strategy. I try to take seriously the idea that there are majority cultural rights and to explore their basis. This allows us to say more clearly what the limits of those rights are. I shall argue that majorities do have certain rights and permissions with respect to the expression and defence of their culture. But these rights and permissions are grounded in very specific social circumstances and normative considerations and thus face very significant limits.

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White, Linda A. "Liberalism, Group Rights and the Boundaries of Toleration: The Case of Minority Religious Schools in Ontario." Canadian Journal of Political Science 36, no. 5 (2003): 975–1003. http://dx.doi.org/10.1017/s0008423903778937.

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Drawing on the proliferating literature on multiculturalism, this article provides a theoretical and critical argument in support of public funding for minority cultural schools, as well as a critique of the Ontario Conservative government's proposal in 2001 to extend tax credits to parents who enroll their children in private schools in Ontario. It argues that governments in Canada committed to the idea of multiculturalism have an obligation to promote the maintenance and flourishing of minority cultures through education and financial support. The article first outlines and refutes neutralist liberal arguments against public funding for minority religious and culturally education, and demonstrates what is meant by a right to culture and the attendant duties such rights impose on the state. It then raises and responds to concerns about such cultural pluralist policies and suggests ways to balance group demands for public funding with other values the state wishes to support. It argues that the Ontario government's proposal to provide tax credits for private education without regulation does not respond to concerns about balancing the right to culture and teaching liberal citizenship values, and offers alternative policy recommendations in the conclusion.

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Salemot, Marew Abebe. "Examining Minority Rights Protection under the Ethiopian Federal System." Acta Humana 9, no. 1 (2021): 49–58. http://dx.doi.org/10.32566/ah.2021.1.3.

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This research investigates minority rights protection under the Ethiopian federal state structure, its legal instruments and institutional setups. Ethiopia is a land of a diverse society having more than eighty distinct ethnic groups, but the federal system conferred only seven ethnic groups, their own regions subsuming the rest within them. The territorial autonomy of ethno-national groups in Ethiopian federal context – in which the constituent units themselves are diverse – imposes a rigid conception of territory. The constituent unit that empowers autonomy for a particular group – the titular ethno-national group – claims exclusive control over territory and dominance within the constituent unit. Thus, the interests of minorities who are lumped with relatively dominant ethnic groups are not addressed and these minorities have neither been given self-determination nor are recognised as distinct nationalities of the country.

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King, Russell. "WORLD DIRECTORY OF MINORITIES edited by Minority Rights Group International. ISBN 1 873194 36 6. Minority Rights Group, London, 1998. No. of pages: xvi + 840. Price: £100 (hardback)." International Journal of Population Geography 5, no. 2 (1999): 154–55. http://dx.doi.org/10.1002/(sici)1099-1220(199903/04)5:2<154::aid-ijpg121>3.0.co;2-r.

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Cierco, Teresa. "Erratum to “The Limits of Europeanization on the Minority Rights in Serbia: The Roma Minority” [25:3 International Journal of Minority and Group Rights (2018) pp. 458–484]." International Journal on Minority and Group Rights 26, no. 2 (2019): 305–34. http://dx.doi.org/10.1163/15718115-02602009.

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Mégret, Frédéric. "Is There Ever a ‘Right to One's Own Law’? An Exploration of Possible Rights Foundations for Legal Pluralism." Israel Law Review 45, no. 1 (2012): 3–34. http://dx.doi.org/10.1017/s0021223711000021.

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This article explores the possibility of elaborating a strong rights foundation for ‘weak’ legal pluralist arrangements, consisting of the recognition by the state of a degree of autonomy for the legal practices of minorities. It finds unhelpful and reductionist those arguments based merely on whether certain aspects of minority law are in violation of human rights or are more effective at protecting rights than state law. Instead, the article seeks to tackle the central issue of whether there is more generally a human rights case for legal pluralism, despite the modern rights movement's strong historical association with state monism and egalitarian universalism. Traditional rights bases for minority protection, both group and individual based, are envisaged specifically from the point of view of recognition of minority legal traditions. Both are found to raise difficulties that are magnified by the entry into play of legal considerations. When it comes to collective rights, there is a fear that endowing certain communities with legal autonomy will increase their ability to oppress the minority within; when it comes to individual rights, the idea of a ‘right to one's law’ misses the degree to which law is an institutional construct which requires a new division of power within the state that goes far beyond what are generally understood as basic freedoms. Rather than assessing the problem merely from an individual or group point of view, the rights validity of legal pluralist arrangements is seen as dependent on how they relate to society at large. Specifically, a case is made that legal pluralism can be part of a beneficial coming to terms by societies with their diversity, a reinforcement of democratic forms and, in some cases, a type of transitional justice that recognises the extent to which the deprivation of law has been a traditional means of subjugation of minorities. The article concludes with an effort to recast the entire debate from the point of view of international human rights law and to critique its somewhat arbitrary focus on the state as the only locus of significant legal diversity.

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Lawelai, Herman. "Perlindungan Pemerintah Daerah Terhadap Kelompok Minoritas “Towani Tolotang” di Sulawesi Selatan." Journal of Governance and Local Politics 2, no. 1 (2020): 73–92. http://dx.doi.org/10.47650/jglp.v2i1.34.

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This article describes the efforts of the regional government to protect the Towani Tolotang people as a minority group in fighting for their identity, the argumentation of justice and group rights in the midst of a pluralistic culture. This article is analyzed with; historical agreements, equal rights, and cultural diversity. Using qualitative research methods, this study found that until now the minority group "Towani Tolotang" still exists in cultural practices as well as in social interactions with the wider community. Relations between communities are supported by local government policy by providing forums that embrace interfaith community leaders, security forces and government elements in fostering community. Artikel ini menggambarkan upaya pemerintah daerah untuk melindungi masyarakat Towani Tolotang sebagai kelompok minoritas dalam memperjuangkan identitas mereka, argumentasi keadilan dan hak-hak kelompok di tengah-tengah budaya pluralistik. Artikel ini dianalisis dengan; perjanjian sejarah, persamaan hak, dan keanekaragaman budaya. Menggunakan metode penelitian kualitatif, penelitian ini menemukan bahwa sampai sekarang kelompok minoritas "Towani Tolotang" masih ada dalam praktik budaya serta dalam interaksi sosial dengan masyarakat luas. Hubungan antar masyarakat didukung oleh kebijakan pemerintah daerah dengan menyediakan forum yang merangkul tokoh masyarakat lintas agama, pasukan keamanan dan elemen pemerintah dalam membina masyarakat.

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Lu, Catherine. "Liberal Culturalism and the National Minority/Immigrant Dichotomy." Les ateliers de l'éthique 10, no. 2 (2016): 169–73. http://dx.doi.org/10.7202/1035336ar.

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Is the discrepancy between the cultural and linguistic rights of immigrants on the one hand and national groups on the other justified, with the latter group typically enjoying a fuller set of such rights than the former category? Patten presents a case for accepting some modest departures from neutrality in the treatment of immigrants’ cultural rights and that of majority and minority national groups. I challenge his thesis by asking whether such departures are justified with respect to already settled (as opposed to prospective) immigrants; whether the situational argument for unequal treatment is inconsistent with the theory of culture offered earlier in the book; and whether contexts of historical injustice against immigrant groups might complicate judgements about the national minority/immigrant dichotomy with respect to minority cultural rights.

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Atanasoski, Neda. "Roma rights on the world wide web." European Journal of Cultural Studies 12, no. 2 (2009): 205–18. http://dx.doi.org/10.1177/1367549409102427.

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This article addresses contemporary Roma rights issues in Central and Eastern Europe by exploring the relationship between internet technologies and the discourses surrounding human rights and the post-socialist transition. Because the Roma are a transnational European minority ethnic group, they have been used as a 'test case' by western human rights groups to evaluate minority rights in post-socialist nations. The article highlights the role of new media technologies in redirecting concerns about the lack of human rights in Europe as a whole to the former Eastern bloc countries. It draws attention to the limits of western liberal discourses and new media technologies to redress racial and material discrimination against the Roma.

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Zhou, Yong. "Legal Predicament of Combining 'Regional' and 'National' Autonomy: A Group Rights Perspective." International Journal on Minority and Group Rights 16, no. 3 (2009): 329–48. http://dx.doi.org/10.1163/138819009x12474964197593.

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AbstractThe Chinese regional national autonomy (RNA) is stated as an institutional arrangement for safeguarding the specific rights of certain minority nationalities living concentrated in their inhabited areas. The combination of 'regional autonomy' and 'national autonomy', which is claimed to be the significant feature of this institution, has not yet been discussed in terms of the institutional design and legal techniques used. Taking a group rights perspective on the institutional arrangement of RNA, the paper explores the legal difficulties inherent in the combination of the two kinds of autonomy as suggested by the terms 'regional' 'national' 'autonomy'. This research exposes the conditions and limits of the existing legal mechanism under RNA and shows that the alleged right combination of two kinds of autonomy is difficult to logically expound from a group rights perspective. It discloses the problems of institutional design in addition to the faulty implementation of the Law on the Regional National Autonomy as the reason for the malfunction of RNA to achieve its stated purpose.

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Halabi, Yakub. "Tiny religious minorities and minority group rights: the case of the Druze community." Social Identities 26, no. 6 (2020): 739–55. http://dx.doi.org/10.1080/13504630.2020.1814234.

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Hasegawa, Ko. "Integration of the Ainu Minority in Japan: Enlightened Localism Combined with Universalism." Comparative Sociology 9, no. 5 (2010): 663–85. http://dx.doi.org/10.1163/156913210x12548913482474.

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AbstractI examine the significance of enlightened localism for problems associated with the social integration of minorities, with special reference to the Ainu people in Japan. From the standpoint of multicultural coexistence in a liberal spirit, I show how the Ainu might be better integrated into mainstream Japanese society by taking into account the perspective of enlightened localism. I propose the idea of polymorphic integration as a golden mean between group rights and individual rights. It offers a pragmatic way toward a cultural respect and concern for the Ainu based on a right to cultural integrity and embedded in the basically liberal yet inadequately race-sensitive legal system in Japan today.

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Kapralski, Slawomir. "Identity Building and the Holocaust: Roma Political Nationalism." Nationalities Papers 25, no. 02 (1997): 269–83. http://dx.doi.org/10.1080/00905999708408503.

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It is significant that, at a time in which violent nationalisms are re-entering the European political stage, one of the basic aims of Romani elites in the area of human rights is to be recognized as a nation, a fact marked symbolically by the attention being paid to national emblems. Of course, other issues (equal civil rights, minority rights, political representation or community development) are also among the objectives of Roma organizations (PER Report, 1992, p. 7). However, in the case of these latter issues, the question can be asked, to whom are these basic human rights to be granted? In other words, Romani elites seem to realize that the most important right for which they should strive is the right to have a commonly accepted and externally recognized self-definition as a group which should be granted consequent rights. In the present circumstances, especially in Eastern Europe, there is little doubt that the elected self-identification by the Romani people will be a national one, since this is perceived as stronger and more respectable than other identity-constructs such as ethnic minority.

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Choi, Lee Jin. "Educating Language Minority Students in South Korea: Multilingual Sustainability and Linguistic Human Rights." Sustainability 13, no. 6 (2021): 3122. http://dx.doi.org/10.3390/su13063122.

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In the context of globalization, the landscape of language in Korea has changed dramatically in the last three decades because of the influx of marriage migrants and foreign workers. The growing number of immigrant and international marriages has led to the emergence of new linguistic minorities in Korea who have multicultural and multilingual backgrounds, and they challenge Korea’s long-lasting tradition of linguistic homogeneity and purity. Language related education for this newly emerging group of language minority students, whose number has increased dramatically since the late-1990s, has become a salient issue. This paper critically analyzes the current education policies and programs designed for the newly emerging group of language minority students, and examines the prospects for sustainable development of these students in Korea. In particular, it focuses on the underlying ideology of linguistic nationalism and assimilationist integration regime embedded in various education policy initiatives and reforms, which require language minority students to forgo their multilingual background and forcibly embrace linguistic homogeneity. The paper elaborates on alternative educational programs that could enable language minority students to achieve sustainable development and progress.

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Sing'Oei, Korir. "Engaging the Leviathan: National Development, Corporate Globalisation and the Endorois' Quest to Recover their Herding Grounds." International Journal on Minority and Group Rights 18, no. 4 (2011): 515–40. http://dx.doi.org/10.1163/157181111x598390.

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AbstractThis article examines in detail the recent landmark decision of the African Commission on Human and Peoples' Rights in Centre for Minority Rights Development & Minority Rights Group (on behalf of the Endorois) v. Kenya. In particular, the article analyses the extent to which the Commission has given a new and more "African" life to indigenous peoples' human rights in the continent. While engaging in a juridical exposition of various rights germane to indigenous groups within the African Charter on Human and Peoples' Rights, the article places this discourse in the context of globalisation whose (re)shaping of the state power has placed non-state corporations at the centre of development intervention with deleterious effects on insular groups.

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Barata, Data Dea. "Minority Rights, Culture, and Ethiopia's “Third Way” to Governance." African Studies Review 55, no. 3 (2012): 61–80. http://dx.doi.org/10.1017/s0002020600007204.

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Abstract:Following a successful armed resistance against a dictatorial state regime, a new government of former rebels took control of the national state in Ethiopia in 1991. Prompted partly by unfolding sea changes in global politics in the early 1990s, the new Ethiopian government pledged to undertake radical governance reform. More than twenty years after the new government took office, contested assessments of its record vis-à-vis its human and minority rights pledge, among other issues, have generated waves of debate, criticism, controversy, and global protests. Based on observations from southern Ethiopia, this article takes an ethnographic look at both the process and the outcome of Ethiopia's experiment with ethnic self-government, with a special focus on understanding the value of minority rights as an ideological construct. Conceptually, the paper attempts to explain a disjuncture between the globally prescribed ideal of human/minority group rights and the realities of governance on the ground.

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Tsitselikis, Konstantinos. "Minority Mobilisation in Greece and Litigation in Strasbourg." International Journal on Minority and Group Rights 15, no. 1 (2008): 27–48. http://dx.doi.org/10.1163/138548708x272519.

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AbstractWhy would minorities of Greece bring their case before the European Court of Human Rights? What do the minority groups or individuals belonging to a minority group envisage when they communicate their case to Strasbourg? What are the common patterns of minority mobilisation for rights claims before the Court of Strasbourg? Minority mobilisation and litigation in Strasbourg is related to the formation of the status regarding a minority group, the latter being the product of a complex process of political character, dependent on a continuous, overt or covert struggle for power. The axis of this relation is defined by claims of the minority and their recognition or non-recognition by the state. In other terms, this struggle can be seen as a balance between demand and enjoyment of rights. These claims of minorities aim at improving, correcting or implementing the legal status. Freedom of expression, religion or association constitute the main grounds for allegations of more than 45 cases brought before the Court of Strasbourg so far. It seems that the Greek law-making and policy-implementing mechanisms are reluctant to accommodate a broader conception about membership to the Greek nation/Greek state mainly due to the continuing ideological constraints. Although religious otherness is slowly being acknowledged and institutionalised, the recognition of national otherness is so far not tolerated.

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Bakanauskas, Edvinas. "Protection of minority shareholders’ rights in group of companies: Lithuania and EU company law perspectives." Vilnius University Open Series, no. 6 (December 28, 2020): 7–17. http://dx.doi.org/10.15388/os.law.2020.1.

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Just as in the entire European Union, in Lithuania company groups are an integral part of the modern business world. It is the companies that are part of company groups are leading both in Lithuania and in the European Union in terms of a number of economic indicators: revenues, number of employees, amounts of taxes paid and other contributions. Despite being an integral part of modern business, regulation of company groups has not yet attracted sufficient attention both at the European Union or the national level. Such absence of a consistent regulation may lead to or cause, inter alia, infringements of rights of minority shareholders. Accordingly, the purpose of the present article is to assess whether the effective Lithuanian or European Union regulation is sufficient to protect minority shareholders’ rights in group of companies.

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Arat, Yeşim. "Group-Differentiated Rights and the Liberal Democratic State: Rethinking the Headscarf Controversy in Turkey." New Perspectives on Turkey 25 (2001): 31–46. http://dx.doi.org/10.1017/s0896634600003599.

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The development of liberalism with both the courage and the capacity to engage itself with a different world, one in which its principles are neither well understood nor widely held, in which indeed it is, in most places, a minority creed, alien and suspect, is not only possible, it is necessary.-Clifford Geertz. 2000.Available Light.Princeton, N.J.: Princeton University Press, p. 258.Over the past two decades, the debate over multiculturalism challenged the justice of neutral, “difference blind” rules in liberal democracies. Allegedly neutral institutions were shown to be implicitly biased toward the priorities, experiences, or interests of the dominant groups in the society. Criticism of difference-blind rules and claims for justice to minority groups defined the relationship between government and opposition in many contexts. Arguments for special rights to protect minorities, women, or ethnocultural groups gained legitimacy (Young 1990, Jones 1990, Phillips 1991, Taylor 1994, Kymlicka 1995, Kymlicka and Norman 2000).

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Illés, Veronika. "Mniejszości narodowe i ich ochrona w prawie międzynarodowym w XX w. Kwestie definicyjne na przykładzie Polaków i Węgrów na Ukrainie." Doctrina. Studia społeczno-polityczne, no. 17 (March 15, 2021): 41–67. http://dx.doi.org/10.34739/doc.2020.17.03.

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The issue of national minorities already has a rich historiography, but so far no uniform definition of the concept of minority has been formulated. It is no coincidence, because it depends on a number of factors which features of a particular social group the legislator wishes to protect or along which features it grants them additional rights. I attempt to analyze these factors in order to provide a comprehensive picture of who we mean by minorities, what minority protection means, and how their rights developed in the 20th century. Modern international minority protection law developed after the First World War. As a result of the border arrangements after the Great War, a number of new minorities were born, so it was inevitable to place their situation within the interna-tional framework. The experience of World War I changed attitudes towards mi-norities. However, after World War II, the emphasis shifted from collective rights to individual, human rights, and minority rights were relegated to the background. I would like to support this issue with examples from the situation in Central and Eastern Europe, including the Polish and Hungarian minorities living in Ukraine.

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Banks, James A. "Diversity, Group Identity, and Citizenship Education in a Global Age." Educational Researcher 37, no. 3 (2008): 129–39. http://dx.doi.org/10.3102/0013189x08317501.

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Worldwide immigration and quests for rights by minority groups have caused social scientists and educators to raise serious questions about liberal assimilationist conceptions of citizenship that historically have dominated citizenship education in nation-states. The author of this article challenges liberal assimilationist conceptions of citizenship and citizenship education. He argues that citizenship education should be reformed so that it reflects the home cultures and languages of students from diverse groups, and he contends that group rights can help individuals to attain structural equality. In the final part of the article, he discusses the implications of his analysis for transforming citizenship education.

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Thomas-Woolley, Barbara, and Edmond J. Keller. "Majority Rule and Minority Rights: American Federalism and African Experience." Journal of Modern African Studies 32, no. 3 (1994): 411–27. http://dx.doi.org/10.1017/s0022278x00015160.

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Withthe demise of the Soviet Union and the fall of many authoritarian régimes, some observers suggest that we are in the midst of what can be called a worldwide democratic revolution. Although questions remain as to the durability of these changes, particularly in Africa, it is clear that we are at a cross-roads. Nations are considering what kinds of political institutions they want to replace those they are trying to dismantle. What, at this historical moment, is the special appeal of democracy in the non-Western world? Is it the promise of individual freedom? or popular elections designed to give all citizens a say in who governs? or the prospect of guaranteed individual and group rights?

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Narożniak, Agnieszka. "Dallal Stevens, What Do We Mean by Protection? “International Journal on Minority and Group Rights” 2013, vol. 20, iss. 2 (by Agnieszka Narożniak)." Studia Prawa Publicznego, no. 1(13) (December 4, 2019): 175–76. http://dx.doi.org/10.14746/spp.2016.1.13.13.

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Narożniak, Agnieszka. "Dallal Stevens, What Do We Mean by Protection? “International Journal on Minority and Group Rights” 2013, vol. 20, iss. 2 (by Agnieszka Narożniak)." Studia Prawa Publicznego, no. 1(13) (September 25, 2018): 175–76. http://dx.doi.org/10.14746/stpp.2016.1.13.13.

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Keane, David. "Draft South Asian Regional Charter on Minority and Group Rights: A Comparative Regional Analysis." European Yearbook of Minority Issues Online 8, no. 1 (2011): 269–309. http://dx.doi.org/10.1163/22116117-90001673.

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Assefa, Getachew. "Human and Group Rights Issues in Ethiopia: A Reply to Kjetil Tronvoll." International Journal on Minority and Group Rights 16, no. 2 (2009): 245–59. http://dx.doi.org/10.1163/157181109x427752.

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AbstractIn an article published in the International Journal on Minority and Group Rights ('Human Rights Violations in Ethiopia: When Ethnic Identity is a Political Stigma', 15(1) (2008) 49–79), Kjetil Tronvoll from Oslo University argued that in federal Ethiopia, the violations of human rights are in some ways ethnically motivated. Tronvoll's arguments are based on the concluding observations of the UN Committee on the Elimination of Racial Discrimination (CERD) on Ethiopia. The objective of my Reply is to show that both CERD and Tronvoll have made unsubstantiated generalisations in trying to gauge any violation of human rights in Ethiopia as an ethnically-motivated occurrence. With this purpose in view, the current article briefly discusses the constitutional legal framework of the Ethiopian federal system, and critically examines the positions of CERD and Dr. Tronvoll.

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Hartney, Michael. "Some Confusions Concerning Collective Rights." Canadian Journal of Law & Jurisprudence 4, no. 2 (1991): 293–314. http://dx.doi.org/10.1017/s0841820900002940.

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In recent years, there has been an increased interest in considering collectivities to be moral agents and holders of collective rights. Peter French and others have argued that corporations are agents and bear moral responsibility for their actions. Virginia Held makes similar claims about nations. She also believes that we have “obligations to humanity collectively, to bring about its continued existence, and perhaps also to such lesser groups within it as our fellow nationals or conceivably the ethnic group to which we belong or the family or clan of which we are a member” and that in some of these cases—humanity, nations—the obligation correlates with a collective right. Perhaps, the area where claims of collective rights have aroused the greatest interest is that of the alleged rights of minority groups within some larger political unit. Thus, in recent political debate in Canada, collective rights have been ascribed or invoked in relation to Quebec and to aboriginal peoples. It is with this last group of alleged collective rights that I will be particularly concerned in this paper.

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Journal articles on the topic 'Minority Rights Group'

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