Litigating the rights of minorities and indigenous peoples in domestic and international courts / / edited by Bertus de Villiers [and three others].

• Superior document: Studies in Territorial and Cultural Diversity Governance ; 14
• TeilnehmendeR: De Villiers, B.
• Place / Publishing House: Leiden, The Netherlands ;, Boston : : Brill Nijhoff,, [2021]; ©2021
• Year of Publication: 2021
• Language: English
• Series: Studies in Territorial and Cultural Diversity Governance ; 14.
• Physical Description: 1 online resource.
• Notes: "The book originates from a grant that Bertus de Villiers received from the Alexander von Humboldt Stiftung (Germany) for Innovative Research Networking. The project entailed a three year series of workshop on contem porary constitutional jurisprudence. One workshop was held in Australia and two in Indonesia"--ECIP acknowlegments.

This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

Table of Contents

Introduction / Bertus de Villiers -- The Mabo-decision and the "discovery" of native title in Australia and beyond / George Barrie -- The elephant in the room - resolving disputes about membership of a minority or indigenous community / Bertus de Villiers -- Key judgments on the accommodation of Muslim Family Law in South Africa / Christa Rautenbach -- The role of the constitutional court in protecting minority rights a case on traditional beliefs in Indonesia / Saldi Isra and Pan Mohamad Faiz -- Land, consultation and participation rights of indigenous peoples in the jurisprudence of the inter-American court of human rights the cases of Kichwa Indigenous People of Sarayaku v. Ecuador and Kaliña and Lokono Peoples v. Suriname / Alexandra Tomaselli and Federica Cittadino -- Litigating linguistic rights of national minorities in Central, Eastern, and South- Eastern Europe / Francesco Palermo and Sergiu Constantin -- International treaty- based protection of minorities select cases of the UN Human Rights Committee / Hennie Strydom -- Comparing jurisprudence from five continents concluding observations in search for meaning through intercultural understanding / Joseph Marko.