Devising an adequate system of minority protection : : individual human rights, minority rights and the right to self-determination / / Kristin Henrard.
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| Superior document: | International Studies in Human Rights ; Volume 62 |
|---|---|
| VerfasserIn: | |
| Place / Publishing House: | The Hague : : Martinus Nijhoff Publishers,, [2000] ©2000 |
| Year of Publication: | 2000 |
| Language: | English |
| Series: | International studies in human rights ;
Volume 62. |
| Physical Description: | 1 online resource (384 pages) |
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Table of Contents:
- Intro
- Title Page
- Copyright Page
- Table of Contents
- Acknowledgements
- Glossary of Abbreviations
- Introduction: History, Two Basic Principles and other Essential Characteristics of Minority Protection: The Framework
- A. A Concise Overview of the Historical Developments Regarding Minority Protection
- B. The Two Pillars or Basic Principles of a 'Fully Fledged' System of Minority Protection and Substantive Equality
- C. The Right to Identity of (Members of) Minorities and the Principle of Substantive Equality as Goal as well as Limitation of Minority Protection
- D. The Need for a Diversified System of Minority Protection which is for Each Distinctive Case Adapted to the Concrete Circumstances
- Chapter I. Discussion of the Concept of Minority
- Introduction
- Section I. Definition of the Concept 'Minority' at the International Level
- A. Preliminary Remarks
- B. Several Proposals of a Definition of the Concept 'Minority' at the International Level
- Section II. Definition of 'Minority' at the European Level
- A. Delimitation of the Discussion
- B. Proposals of and Suggestions regarding the Definition of 'Minority' in the Council of Europe
- C. Pragmatic Stance Regarding the Definition of 'National Minority' at the Level of the OSCE
- Conclusion
- Section III. Discussion of the Content and Relative Importance of the Several Components thought to be Relevant for a Definition of the Concept 'Minority'
- A. Ethnic, Religious or Linguistic Characteristics Differing from Those of the Rest of the Population
- B. The Numerical Minority Position
- C. Non-Dominant Position
- D. The Nationality Requirement for a Minority's Members and the related Demand of having Durable Ties with the State
- E. The Subjective Component of the Definition of 'Minority'.
- F. The Importance of an Official Recognition by the State for the Qualification as Minority
- G. A Requirement of Loyalty to Identify a Minority?
- H. Working Definition of 'Minority'
- Section IV. The Meaning of Several Qualifying Terms Often Used with the Concept 'Minority'
- A. The Kind of Minorities focused upon for Minority Protection Purposes
- B Racial v Ethnic Minorities
- C. Religious and Linguistic Minorities
- D. 'National' v 'Ethnic' Minorities
- Conclusion
- Chapter II. The Contribution of Individual Human Rights to Minority Protection
- Introduction
- Section I. The Theoretical Framework for the Analysis of the ECHR: The Individual Human Rights Especially Relevant for (Members of) Minorities
- A. The Equality Principle
- B. Other Individual Human Rights that are Especially Relevant for Minorities
- Section II. Analysis of the Jurisprudence regarding the ECHR of the European Court as well as the European Commission of Human Rights
- A. Analysis of the Jurisprudence regarding the Provisions with an Impact on the Protection and Promotion of Minorities' Own, Separate Identity
- B. Analysis of the Jurisprudence as Regards the Articles of the ECHR which Contribute to the Effectiveness of Rights
- Section III. Group Rights and (Other) 'Special' Minority Rights?
- A. 'Special' Rights for (Members of) Minorities
- B. Group Rights? Collective Rights?
- Chapter III: The Contribution of the Current Minority Rights to an Adequate System of Minority Protection
- Introduction
- Section I. Analysis of Article 27 ICCPR
- Introduction
- A. Some Crucial Aspects of Article 27 ICCPR
- B. The Jurisprudence of the HRC (mainly) regarding Article 27 ICCPR
- C. UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
- Section II: Minority Rights at International and European Law: Overview, Analysis and Evaluation as Regards the Right to Identity of Minorities
- Introduction
- A. Discussion of Relevant International Documents
- B. Discussion of Relevant European Documents
- C. Evaluation of Minority Rights under International as well as European Law
- Section III: Theoretical Framework of Minority Rights: Group Rights, 'Special' Rights and Several Identity Related Characteristics and Mechanisms
- Introduction
- A. 'Special' Rights for (Members of) Minorities
- B. Group Rights?
- C. Enumeration of Aspects of or Related to the Separate Identity Features of Minorities
- Conclusion
- Chapter IV. The Right to Self-Determination and an Adequate System of Minority Protection
- Introduction
- Section I. The Historical Evolution of the Right to Self-Determination
- A. Self-Determination during the League of Nations
- B. The United Nations and the Right to Self-Determination
- Section II. The Concept 'People' - The Entities Entitled to a Right to Self-Determination
- Section III. The Field of Application of the Right to Self-Determination
- A. The Right to Self-Determination, a Group Right
- B. The Distinction between the Internal and the External Dimension of the Right to Self-Determination
- C. The Right to Self-Determination in its External Dimension
- D. The Internal Dimension of the Right to Self-Determination
- Section IV. The Interrelation between Minority Rights and the Right to Self-Determination
- Section V. The Interrelation between the Right to Self-Determination and Individual Human Rights
- Conclusion: The Interrelation between Individual Human Rights, Minority Rights and the Right to Self-Determination
- Bibliography
- Index
- International Studies in Human Rights.