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Minority and Group Rights in the New Millennium
In the 1990s inter-ethnic conflicts threaten the stability of many states. As a result the issue of minority rights has become an urgent concern for international lawyers. Minority and Group Rights in the New Millennium examines the way in which existing international law and human rights instruments protect the rights of minorities. In addition the essays in this volume address current debates on the fundamental issue of defining a minority, the complex arguments for expanding existing definitions and the legitimacy of claims by specific groups to qualify for minority status.
Human Rights and Criminal Justice for the Downtrodden
This book contains essays by leading international experts in the areas of international criminal law and international human rights law. Part One of the book contains eight essays in international criminal law, covering issues such as the crime of aggression; terrorism and the Statute of the International Criminal Court; the evolution of the law on crimes against humanity and genocide; the doctrine of universal jurisdiction; and the relationship between international human rights and international criminal law jurisprudence. Part Two has eight essays on economic, social and cultural rights, covering inter alia the right to development; genetic resources for food and agriculture; the right t...
Revisiting Children's Rights
The UN Convention on the Rights of the Child, passed in 1989, was the first universal treaty dedicated solely to the promotion and protection of the interests of children. In its first decade the Convention achieved near-universal ratification and is now the most widely ratified human rights treaty ever. In addition, as a consequence of its influence, children's human rights have been mainstreamed and are now prioritised at all levels within the United Nations and other regional organisations. This book provides the first comprehensive overview of the first decade of the Convention. It also brings together leading scholars and activists who place the Convention in a wider context and revisit contemporary debates and controversies in children's rights to assess the extent to which these issues have been influenced by the Convention in its first decade.
Multicultural Odysseys
We are currently witnessing the global diffusion of multiculturalism, both as a political discourse and as a set of international legal norms. States today are under increasing international scrutiny regarding their treatment of ethnocultural groups, and are expected to meet evolving international standards regarding the rights of indigenous peoples, national minorities, and immigrants. This phenomenon represents a veritable revolution in international relations, yet has received little public or scholarly attention. In this book, Kymlicka examines the factors underlying this change, and the challenges it raises. Against those critics who argue that multiculturalism is a threat to universal ...
The Reception of International Law in the European Court of Human Rights
The growing number of international courts and tribunals and their bourgeoning case law have fuelled concerns about the fragmentation of international law. This arises as a consequence of both the specialized regimes these courts create and the multiple ways in which they may interpret international law emanating from other sources. This book considers this issue by examining the busiest and arguably most successful international court, the European Court of Human Rights. More specifically, it focuses on the jurisprudence of the Court and its predecessor, the European Commission of Human Rights, covering a range of special human rights regimes, treaty law, and the case law of the International Court of Justice. The author assesses whether the Court has been able to adopt a coherent, comprehensive approach to the interpretation and evaluation of international law and thus the extent to which it has been able to contribute to the development and coherence of international law.
National Minority Standards
The Organisation for Security and Co-operation in Europe (OSCE) and the Council of Europe, guided by the same values and with similar goals and sharing similar challenges, have co-operated to produce this compilation of texts addressing national minority issues. The aim of this book is to highlight the standards developed for national minorities and to make them blown to everyone, including civil society and the authorities directly concerned.
World Directory of Minorities
This publication is the first version of the World Directory of Minorities and Indigenous Peoples, published in 1997. The full Directory is now available and continually updated on our website. The large majority of violent conflicts in the world today are conflicts within states, with groups polarized across ethnic and religious divides and not across borders. Ethnic, religious and linguistic minorities are often among the poorest of the poor, suffer discrimination and are frequently the victims of human rights abuses. Time and time again in the past, the United Nations system, governments and even non-governmental organizations (NGOs) working in the field of ‘conflict prevention’ have ...
Youth Justice: Theory & Practice
This innovative text examines contemporary issues in youth justice in the light of the sweeping reforms introduced by the Crime and Disorder Act 1998 and the Youth Justice and Criminal Evidence Bill 1999. It brings together current debates in both the practice and theory of youth justice intervention and, in the light of the governments inter-agency approach to the problem of youth criminality, provides an inter-disciplinary examination of these discussions. Including contributions from both academics, magistrates and social work practitioners, it is a useful text for students of criminology, law and social work, as well as a valuable resource for youth justice practitioners.
The Participation of Minorities in Public Life
Can national minorities participation in decision-making processes be achieved in any constitutional context ? Can developing international standards assist governments in devising national policies? What are the challenges if states are to use cultural autonomy to improve minority participation? This publication presents The UniDem Seminar on The participation of minorities in public life, which took place in Zagreb on 18 and 19 May 2007, discussed ways of answering these topical questions. This publication contains the reports presented and discussed at the UniDem Seminar organized by the European Commission for Democracy through law (the Venice Commission), under the patronage of the President of the Republic of Croatia and in cooperation with the Ministry of Foreign Affairs and European Integration of the Republic of Croatia, the University of Zagreb and the University of Glasgow.
Equality and Non-Discrimination under the European Convention on Human Rights
The case-law of the European Court of Human Rights on discrimination under the Convention is typically considered to be unclear and conflicting. Against that background, new possibilities for more effective protection against discrimination are opening up through recent developments in the case-law on Article 14 and with the advent of the new Protocol 12 to the Convention. This study demonstrates that the 'objective and reasonable justification' test and convenional treatment of non-discrimination are not apt for dealing with these emerging new possibilities or for explaining the variations in existing case-law. It therefore suggests a new approach to dealing with protection against discrimination under the Convention, developed by focusing on variations in the strictness of objective justification review. This study proposes a more viable framework for understanding discrimination analysis under the Convention which includes an alternative interpretation of the burden of proof under Article 14 and a three-tiered model of factors that influences the strictness of review.
