The Impact Of Eu Law On Minority Rights

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The Impact of EU Law on Minority Rights

Author : Tawhida Ahmed
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316174
Total Pages : 246 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Impact of EU Law on Minority Rights by : Tawhida Ahmed

Download or read book The Impact of EU Law on Minority Rights written by Tawhida Ahmed and published by Bloomsbury Publishing. This book was released on 2011-01-12 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical evaluation of the ways in which EU law engages with minority rights protection: at its core is an analysis of EU law and minority rights. Unlike the UN or ECHR, the EU has no competence to set standards on minority protection and this has been a point of disappointment for minority rights advocates. Indeed, this book will demonstrate that, in EU law, binding standards really only exist in the sphere of non-discrimination and are at their strongest in the field of employment. As such, binding standards within EU law affect only a small proportion of the canon of minority rights. However, the EU does have competence to promote diversity and facilitate redistribution of power and resources across the EU. According to a broad understanding of minority rights protection, acts of promotion and facilitation -alongside those of standard-setting - constitute essential underpinnings for minority protection. The EU's existing competences do therefore play a key role in minority protection. In order to support these conclusions, the book undertakes a comprehensive examination of the impact of EU law on minority rights protection. The book examines a broad range of the EU's legal provisions and principles which may affect minority protection, before undertaking in-depth analyses of the examples of minority cultural rights and minority linguistic rights. In addition, the final substantive chapter of the book contextualises the impact of EU law within the perspective of the overall needs of a specific group - the Roma minority. The concluding chapter draws together the EU's contribution to minority rights. In short, the EU can be seen as a promoter, but not a protector, of minority rights. Although not ideal, especially from the perspective of minorities, it is worth at least exploring such a view. Such an exploration would enable the EU most easily to build upon its existing competences and regulatory capacities. This book will be of interest to lawyers and activists concerned with minority rights and Roma rights protection within the EU. It will also be of relevance to those interested in understanding the dynamics between the EU and the international law community in overlapping areas of rights protection, and exploring how this informs our perception of the capacity of the EU to be a central actor in the field of rights protection.

Globalization and “Minority” Cultures

Author : Sophie Croisy
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004282084
Total Pages : 354 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Globalization and “Minority” Cultures by : Sophie Croisy

Download or read book Globalization and “Minority” Cultures written by Sophie Croisy and published by Martinus Nijhoff Publishers. This book was released on 2014-11-14 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization and “Minority” Cultures: The Role of “Minor” Cultural Groups in Shaping Our Global Future is a collective work which brings to the forefront of global studies new perspectives on the relationship between globalization and the experiences of cultural minorities worldwide.

Minority Rights and Minority Protection in Europe

Author : Timofey Agarin
Publisher : Rowman & Littlefield Publishers
ISBN 13 : 9781783481910
Total Pages : 0 pages
Book Rating : 4.4/5 (819 download)

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Book Synopsis Minority Rights and Minority Protection in Europe by : Timofey Agarin

Download or read book Minority Rights and Minority Protection in Europe written by Timofey Agarin and published by Rowman & Littlefield Publishers. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Assesses the nature of minority rights protection in post-communist Europe and evaluates the impact of domestic institutions on the operation of the European Minority Rights Regime

The European Union and Human Rights

Author : Nanette A. Neuwahl
Publisher : BRILL
ISBN 13 : 9004482423
Total Pages : 351 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The European Union and Human Rights by : Nanette A. Neuwahl

Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Framework Convention for the Protection of National Minorities

Author : Council of Europe
Publisher : Council of Europe
ISBN 13 : 9789287157027
Total Pages : 88 pages
Book Rating : 4.1/5 (57 download)

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Book Synopsis Framework Convention for the Protection of National Minorities by : Council of Europe

Download or read book Framework Convention for the Protection of National Minorities written by Council of Europe and published by Council of Europe. This book was released on 2005-01-01 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of national minorities is a core issue for the Council of Europe, and one of the major achievements in this field is the Framework Convention for the Protection of National Minorities. The entry into force of the Framework Convention on 1 February 1998 was indeed an event of universal stature, for it is the first ever legally binding multilateral instrument devoted to the protection of national minorities in general. Its importance is widely acknowledged, and the number of ratifications has grown rapidly. Simultaneously, an emphasis is being placed on the implementation and on the efficient functioning of the monitoring mechanism of the Framework Convention. This collection provides all those interested in the protection of national minorities a user-friendly compilation of the basic texts concerning the Framework Convention. In addition to the Framework Convention and its explanatory memorandum, the collection contains texts pertaining to the monitoring mechanism in general and the Advisory Committee in particular. It further provides the state of signatures and ratifications as well as declarations and reservations. It also contains a list of State Reports received and Opinions of the Advisory Committee adopted under both the first and second cycles of monitoring.

The Rights of Minorities in Europe

Author : Marc Weller
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199207626
Total Pages : 688 pages
Book Rating : 4.2/5 (76 download)

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Book Synopsis The Rights of Minorities in Europe by : Marc Weller

Download or read book The Rights of Minorities in Europe written by Marc Weller and published by Oxford University Press on Demand. This book was released on 2006 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rights of minorities are becoming increasingly important, especially in the context of enlargement of the European Union, yet there are remarkably few treaties dealing with minority rights under international law. One of these is the Council of Europe's Framework Convention for theProtection of National Minorities. This volume provides the first expert commentary on the Convention, which is the principal international document establishing minority rights in a legally binding way. Many minority rights such as those to political participation, non-assimilation, and the use ofnative languages are not incorporated in other major Human Rights agreements. The Convention is therefore often taken to be the leading standard in the international law of minority rights. This commentary offers a detailed article-by-article analysis of the Convention, by a group of international legal experts in minority rights. Their commentary draws upon the Convention's negotiating history and implementation practice, in addition to examining the pronouncements of the AdvisoryCommittee, which is the implementation body attached to the treaty. It offers a clear sense of the concrete meaning of the provisions of the Convention to scholars, students, and members of minority rights groups.

Monitoring the EU Accession Process

Author : EU Accession Monitoring Program
Publisher : Monitoring the EU Accession Press
ISBN 13 :
Total Pages : 452 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Monitoring the EU Accession Process by : EU Accession Monitoring Program

Download or read book Monitoring the EU Accession Process written by EU Accession Monitoring Program and published by Monitoring the EU Accession Press. This book was released on 2002 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eumpa has published monitoring reports highlighting specific areas in which state performance conforms to, or fails short of, broadly accepted international standards. These two volumes monitor access to education and employment for people with intellectual disabilities in 15 European countries and make recommendations on how people with intellectual disabilities can be more fully integrated into community life. The summary report is a condense version of the two full volumes.

Promoting and Protecting Minority Rights

Author : United Nations
Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Promoting and Protecting Minority Rights by : United Nations

Download or read book Promoting and Protecting Minority Rights written by United Nations and published by . This book was released on 2012 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.

The Ambiguous Relationship Between Religious Minorities and Fundamental (minority) Rights

Author : Kristin Henrard
Publisher : Eleven International Pub
ISBN 13 : 9789089745354
Total Pages : 115 pages
Book Rating : 4.7/5 (453 download)

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Book Synopsis The Ambiguous Relationship Between Religious Minorities and Fundamental (minority) Rights by : Kristin Henrard

Download or read book The Ambiguous Relationship Between Religious Minorities and Fundamental (minority) Rights written by Kristin Henrard and published by Eleven International Pub. This book was released on 2011 with total page 115 pages. Available in PDF, EPUB and Kindle. Book excerpt: On October 29, 2010, Kristin Henrard accepted the position of extraordinary professor on minority protection at the Erasmus School of Law, a chair which is funded by the Trustfonds of Erasmus University Rotterdam. This book contains Henrard's inaugural speech. Henrard first revisits the relationship between and temporal evolution of general human rights and special minority-specific rights, by showing how fundamental rights were originally conceived for and tailored towards the needs of religious minorities. In the second part, Henrard exposes the ambiguous relationship between religious minorities and fundamental rights. Indeed, while religious minorities, and the protection they were considered to need, may have triggered the emergence of both general human rights and special minority rights, subsequently their special needs - in terms of human dignity, identity, and substantive equality - were neglected. Henrard consequently calls for a redress of the current imbalance - more particularly by a refinement of the existing norms.

National Minority Rights in Europe

Author : Tove H. Malloy
Publisher : Oxford University Press on Demand
ISBN 13 : 9780199274437
Total Pages : 354 pages
Book Rating : 4.2/5 (744 download)

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Book Synopsis National Minority Rights in Europe by : Tove H. Malloy

Download or read book National Minority Rights in Europe written by Tove H. Malloy and published by Oxford University Press on Demand. This book was released on 2005 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Separatism is currently a highly topical and controversial legal and political issue. This text reviews the impact of the discourse of national minority rights on the European intergovernmental approach to national minority accommodation after 1989 and proposes an alternative framework.

European Court of Human Rights

Author : Dia Anagnostou
Publisher : Edinburgh University Press
ISBN 13 : 0748670580
Total Pages : 256 pages
Book Rating : 4.7/5 (486 download)

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Book Synopsis European Court of Human Rights by : Dia Anagnostou

Download or read book European Court of Human Rights written by Dia Anagnostou and published by Edinburgh University Press. This book was released on 2013-04-22 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.

The EU Charter of Fundamental Rights

Author : Steve Peers
Publisher : Bloomsbury Publishing
ISBN 13 : 1849467471
Total Pages : 1938 pages
Book Rating : 4.8/5 (494 download)

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Book Synopsis The EU Charter of Fundamental Rights by : Steve Peers

Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 1938 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.

Divided Nations and European Integration

Author : Tristan James Mabry
Publisher : University of Pennsylvania Press
ISBN 13 : 0812244974
Total Pages : 417 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Divided Nations and European Integration by : Tristan James Mabry

Download or read book Divided Nations and European Integration written by Tristan James Mabry and published by University of Pennsylvania Press. This book was released on 2013-06-27 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: For ethnic minorities in Europe separated by state borders—such as Basques in France and Spain or Hungarians who reside in Slovakia and Romania—the European Union has offered the hope of reconnection or at least of rendering the divisions less obstructive. Conationals on different sides of European borders may look forward to increased political engagement, including new norms to support the sharing of sovereignty, enhanced international cooperation, more porous borders, and invigorated protections for minority rights. Under the pan-European umbrella, it has been claimed that those belonging to divided nations would no longer have to depend solely on the goodwill of the governments of their states to have their collective rights respected. Yet for many divided nations, the promise of the European Union and other pan-European institutions remains unfulfilled. Divided Nations and European Integration examines the impact of the expansion of European institutions and the ways the EU acts as a confederal association of member states, rather than a fully multinational federation of peoples. A wide range of detailed case studies consider national communities long within the borders of the European Union, such as the Irish and Basques; communities that have more recently joined, such as the Croats and Hungarians; and communities that are not yet members but are on its borders or in its "near abroad," such as the Albanians, Serbs, and Kurds. This authoritative volume provides cautionary but valuable insights to students of European institutions, nations and nationalism, regional integration, conflict resolution, and minority rights. Contributors: Tozun Bahcheli, Zoe Bray, Alexandra Channer, Zsuzsa Csergő, Marsaili Fraser, James M. Goldgeier, Michael Keating, Tristan James Mabry, John McGarry, Margaret Moore, Sid Noel, Brendan O'Leary, David Romano, Etain Tannam, Stefan Wolff.

Negotiating Unity and Diversity in the European Union

Author : Florian Bieber
Publisher : Springer Nature
ISBN 13 : 3030550168
Total Pages : 236 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Negotiating Unity and Diversity in the European Union by : Florian Bieber

Download or read book Negotiating Unity and Diversity in the European Union written by Florian Bieber and published by Springer Nature. This book was released on 2020-10-21 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the European Union has been responding to the challenge of diversity. In doing so, it considers the EU as a complex polity that has found novel ways for accommodating diversity. Much of the literature on the EU seeks to identify it as a unique case of cooperation between states that moves past classic international cooperation. This volume argues that in order to understand the EU’s effort in managing the diversity among its members and citizens it is more effective to look at the EU as a state. While acknowledging that the EU lacks key aspects of statehood, the authors show that looking at the EU efforts to balance diversity and unity through the lens of state policy is a fruitful way to understand the Union. Instead of conceptualising the EU as being incomparable and unique which is neither an international organisation nor a state, the book argues that EU can be understood as a polity that shares many approaches and strategies with complex and diverse states. As such, its effort to build political structures to accommodate diversity offers lessons to other such polities. The experience of the EU contributes to the understanding of how states and other polities can respond to challenges of diversity, including both the diversity of constituent units or of sub-national groups and identities.

European Union Non-Discrimination Law and Intersectionality

Author : Prof Dr Dagmar Schiek
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 140949750X
Total Pages : 656 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis European Union Non-Discrimination Law and Intersectionality by : Prof Dr Dagmar Schiek

Download or read book European Union Non-Discrimination Law and Intersectionality written by Prof Dr Dagmar Schiek and published by Ashgate Publishing, Ltd.. This book was released on 2013-02-28 with total page 656 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contributes to a critical reflection of current legislative and jurisprudential developments in Non-Discrimination Law, focusing on the European Union. The book is focused on intersectionality between gender, race and disability and the question of whether, and to what extent, this intersection can be adequately addressed in (EU) law. The discussion rests on two basic assumptions. First, the multiplication of 'discrimination grounds' in EU law and other legal regimes should not result in a dilution of the demands of equality law. Accordingly, the book focuses on the three key grounds - race, gender and disability. These constitute nodes around which other discrimination grounds can be grouped. Second, any multi-ground non-discrimination law framework needs to engage with the question of discrimination on several grounds. This book provides a critical evaluation of some of the problems presented by such intersectionality and an opportunity to explore the issues in depth. This collection offers some new proposals relating to the regrouping of identity categories and to the general approach to socio-legal research in the field. It also contains a comparative section, which expands on practical experiences with intersectionality and law, and a section dedicated to juridical responses to intersectionality. The book will be a valuable resource for researchers, academics and those working in the area of EU non-discrimination law and policy.

Populism, Memory and Minority Rights

Author : Anna-Mária Bíró
Publisher : BRILL
ISBN 13 : 9004386424
Total Pages : 438 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Populism, Memory and Minority Rights by : Anna-Mária Bíró

Download or read book Populism, Memory and Minority Rights written by Anna-Mária Bíró and published by BRILL. This book was released on 2018-11-26 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: Populism, Memory and Minority Rights is the flagship publication of the Tom Lantos Institute (TLI), a highly-regarded international human rights institute based in Budapest, Hungary. The publication provides a forum for discussion on crucial themes of global and regional importance on the accommodation of ethno-cultural diversity and related normative developments. It introduces TLI’s work in terms of its mandated issue areas, including Roma rights and citizenship, Jewish life and antisemitism, and Hungarian and other national minorities. The theoretical and empirical studies, commentaries, interviews, reports and other documents offer a unique source of information for libraries, research institutes, civil society actors, governments, intergovernmental organizations and all those interested in contemporary normative trends and debates in international minority protection.

A Dialogical Concept of Minority Rights

Author : Hanna H. Wei
Publisher : BRILL
ISBN 13 : 9004312048
Total Pages : 276 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis A Dialogical Concept of Minority Rights by : Hanna H. Wei

Download or read book A Dialogical Concept of Minority Rights written by Hanna H. Wei and published by BRILL. This book was released on 2016-04-26 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.