Synergies minority protection by Kristin Henrard, Robert Dunbar

By Kristin Henrard, Robert Dunbar

There has lately been a notable development in standard-setting with appreciate to the security of minorities in overseas and eu legislation. Layered on most sensible of present human rights criteria proper to minorities, those advancements have led to a posh and multi-faceted regime, yet one that nonetheless doesn't quantity to an built-in and coherent method of minority defense. as well as supplying an up to date account of the suitable criteria and their improvement in perform, this assortment breaks new flooring through trying to establish the level to which a few integration and coherence (synergy) is rising end result of the paintings of treaty-monitoring our bodies and different overseas associations. top specialists at the major tools and associations verify issues akin to the appliance of comparable rules, the emergence of universal topics, specific cross-referencing among treaty our bodies and overseas associations and the advance of comparable operating tools.

Show description

Read Online or Download Synergies minority protection PDF

Best comparative books

Comparative Survey of Securities Laws: A review of the securities and related laws of fourteen nations

The part on enterprise legislation of the overseas Bar organization is tremendously indebted to the Editor, J. Michael Robinson and to John Gauntlett, the Chairman of the Committee on matters and buying and selling in Securities, and his Vice­ Chairmen, Blaise Pasztory, Robert Briner and the contributors of the Committee who've contributed, for his or her joint efforts in getting ready this ftrst publication in their committee.

The Method and Culture of Comparative Law: Essays in Honour of Mark Van Hoecke

Expertise for the necessity to deepen the methodological foundations of felony examine is just fresh. a similar is right for comparative legislations, through nature a extra adventurous department of criminal learn, that is frequently anything researchers easily do, each time they appear at overseas felony platforms to reply to a number of of quite a number questions about legislations, even if those questions are doctrinal, financial, sociological, and so on.

COMECON Data 1990

This guide of statistical information at the economies of jap Europe, together with Yugoslavia and the Soviet Union covers such subject matters as distribution and creation, overseas exchange and indebtedness, family finance, power families and criteria of dwelling.

Additional info for Synergies minority protection

Example text

If such a discussion appears in the rulings by domestic courts, the HRC will normally defer to their assessment. Therefore, if national courts address the concerns of the indigenous groups under Article 27 or similar provisions of law, the HRC is quite reluctant as an international body to question their assessment – even in cases where the group feels that they were not treated fairly by the national courts. In La¨nsman No. 2, the HRC expressed this problem in the following terms: The domestic courts considered specifically whether the proposed activities constituted a denial of article 27 rights.

The right of secession, as the ultimate form of exercising the right of self-determination, is recognised only under specific conditions. This position was also adopted by the Supreme Court of Canada in the Quebec Secession Case, when it concluded: In summary, the international law right to self-determination only generates, at best, a right to external self-determination in situations of former colonies; where a people is oppressed, as for example under foreign military occupation; or where a definable group is denied meaningful access to government to pursue their political, economic, social and cultural development.

Hence, persons whose presence in the country has not been regularised and who, due to their language, religion or ethnicity, wish to identify themselves with a pre-existing minority group in a country, may very well claim the same protection as other members of the group, for instance, in the education system. However, this does not imply that a totally new linguistic, religious or ethnic group that arrives in the country could immediately claim equal arrangements of positive protection. For example, if a country receives as refugees a group whose language has not previously been spoken in the country, the state may have a duty to adapt its education system so that children belonging to the group have effective access to education, for example through immersion courses in their own language.

Download PDF sample

Rated 4.30 of 5 – based on 48 votes