Minority Rights Research Articles

Improving contraceptive care for minors in Israel: practice, policy, and training gaps among OBGYNs

BackgroundSexually active adolescents sometimes seek contraceptives without parental consent, posing challenges due to minors' confidentiality and consent regulations. This is especially the case under the un-nuanced Israeli legal scheme regarding adolescents' care.MethodsIsraeli OBGYNs were contacted through mailing lists and social media groups and asked to fill an online questionnaire regarding their experience and protocols concerning prescription of contraceptives to minors. They were also asked about their comprehension of the relevant legal obligations, the importance they ascribe to different ethical interests and considerations, as well as their training.ResultsOf the 177 responding gynecologists, 132 (74.58%) consulted minors about contraceptives during the past year, regardless of a vast lack of training on providing care to minors. More than a third of respondents believed that there is no legal requirement to involve parents in the process, and only 8% assumed a legal obligation for parental involvement in all minors under the age of 18. Three quarters would "almost always" prescribe contraceptives without parental knowledge, if requested, while 20% never would. No correlation was found between respondents' practices and their perception of the relevant legal obligations. Participants agreed that the risk to the health of the minor as a result of having sex without contraceptives is of utmost importance. Yet, those willing to prescribe gave greater weight to this consideration, while those who do not prescribe were more concerned with the legal ramifications of such an act. The majority identified the age of 15 as the threshold for consistently prescribing contraceptives to minors without parental involvement.ConclusionThis study highlights the significant gaps in both the legal framework and the training of Israeli OBGYNs, and further supports confidential prescription of contraceptives to minors 15 years and older, via Article 6 of the Israeli Legal Competence and Guardianship Law. Legislative reform, professional guidelines and education and training programs are all needed to ensure consistent and legally sound practices, that safeguard the health and rights of minors. It is imperative to guide healthcare providers, including OBGYNs prescribing contraceptives to minors, on managing the care of minors refusing parental involvement, clarifying the legal framework and ethical considerations involved.

Сучасні глобальні проблеми етнонаціональної політики України: на прикладі правового регулювання статусу національних меншин

The article is devoted to the analysis of the problems of ethno-national policy in modern conditions of the development of statehood and points to the prospects of improving the legislation in the context of ensuring the proper legal status of national minorities. The article examines the main problems in the field of ethno-national policy of Ukraine and legal regulation of the status of national minorities. The author emphasizes the absence of a single strategy for the development of ethno-national relations, which leads to fragmented legislation. The implementation of a comprehensive normative act could determine the direction of the development of statehood and form the ideological basis for future normative acts regarding the status of national minorities, indigenous peoples, and other ethnic groups. It is also emphasized that the issues of national minorities were often ignored in national law, and the legislative framework regarding indigenous peoples and the protection of the status of national minorities was formed mainly as a reaction to external circumstances, such as the occupation of the Crimean peninsula. Gaps in legislation make it difficult to ensure the rights of national minorities, in particular, due to the lack of up-to-date statistical data, since the all-Ukrainian population census was conducted only once in 2001. The author draws attention to the low level of tolerance in Ukrainian society, which is demonstrated by a survey conducted in 2022–2024. Respondents often do not consider their actions illegal or discriminatory towards Roma, but do not wish to have themin their environment. This indicates a lack of education regarding national characteristics as a factor of discrimination and a lack of attention on the part of the state to issues of language moderation and protection of the rights of national minorities. The lack of an effective policy of integration of national minorities is another significant problem. The legislator often considers national minorities as a group of citizens of a different ethnic origin living in Ukraine traditionally, which is a wrong approach. In order to improve ethno-national politics, it is necessary to solve problems in related areas, such as education, political rights, participation in local selfgovernment and the fight against hate speech.

Концепція прав національних меншин

At the very beginning it is important to define the main components that constitute the whole theory and idea as such of the minority rights. The concept of minority expresses how the legal regulation reflects the existence of minority, what is understood by the notion ‘minority’ and what criteria are used in order to identify certain social groups as minorities. Regarding the definition of the concept ‘minority’, until now there is no generally accepted definition, neither at the international level nor at the European one. It appears to be a certain agreement on some particular elements of the definition, though they are not fully accepted and interpreted in the same way. There are several important reasons concerning this phenomenon. The first one is that states are in fear of consequences after the recognition of minorities which may lead to secessionist movements. This can put at stake the territorial integrity of the State. Though, some rather successful efforts in this field were made by different representatives in order to make clarifications regarding the definition of ‘minorities. According to these facts the Permanent Court of International Justice (PCIJ), the UN Sub- Commission and some prominent authors attempted to define the concept ‘minority’. The Court stated that this concept has rather minoritarian character which makes it relevant in the meaning of ‘minority’. According to the court a ‘community’ is: a group of persons living in a given country or locality, having a race, religion, language and traditions of their own and united by this identity of race, religion, language and traditions in a sentiment of solidarity, with a view to preserving their traditions maintaining their form of worship, insuring the instruction and upbringing of their children in accordance with the spirit and traditions of their race and rendering mutual assistance to each other. Apart from the definition given by the Court, this guideline shows the requirement of numerical condition which means the group that is in minority in comparison with the prevailing part.

Conceptualisation and operationalisation of minorities in international law: Past experiences and new avenues

AbstractDespite decades of scholarly effort, there is still no universally accepted definition of the concept of minorities or the criteria for minority membership. Beyond its theoretical importance, the lack of a definition also has practical significance, as it may easily lead to the abuse of minority rights. In this paper, we offer a brief historical overview of the various definitional attempts in international law, including those enshrined in legal documents as well as in the practice of adjudicatory bodies. Starting from the era of the League of Nations and the case-law of the Permanent Court of International Justice, we continue by looking at major developments within the United Nations (with special attention to the practice of the Human Rights Committee) as well as the Council of Europe (and the approach of the Advisory Committee of the Framework Convention for National Minorities). Our aim is to explore the trajectory from old to recent conceptual endeavours, where the major dividing line is drawn between the relatively narrow notion of minorities (covering only autochthonous or traditional groups) as opposed to a more inclusive view (including also immigrants and, potentially, visitors under the minority protection mechanisms).

Public governance in national minority rights protection

The article is devoted to the analysis of public administration in the field of national minorities rights protection. The author analyzes the system of authorities aimed at protecting the national minorities interests and nationalities in Ukraine. The Committee on Nationalities under the Cabinet of Ministers of Ukraine was the first ukrainian central state body of the executive power, entrusted with the functions of ensuring ethno-national policy and protecting the national minorities interests. It is emphasized that the structure of public authorities protecting the rights of national minorities was not limited exclusively to the activities of the specialized central executive body. The positions of Advisor to President on ethno-national problems of Crimea and Advisor to President on the affairs of the Ukrainian diaspora were introduced. At the regional (oblast) level, the Republican Committee for Nationalities and Deported Citizens of the Autonomous Republic of Crimea operates, as well as the relevant subdivisions at the local level – nationalities and migration departments of regional state administrations. The situation changed with the switch of the state policy vector from pro-Russian to pro-European. This was not least due to the recommendations of the OSCE and the need to converge with the acquis communautaire of the European Union. National minorities rights protection has been in focus since the independence of Ukraine. Establishing and functioning of the relevant Ministry (Committee) on National Minorities is a direct confirmation of this thesis. This issue was always in focus of the Ukrainian governments besides the period of the rule of the pro-Russian government (2010-2014), when most of the state institutions for the protection of national minorities were liquidated. This fact determined the revolutionary events of the Euromaidan (2014) to some extent. As of today, Ukraine fulfills its obligations regarding the protection of the national minorities rights. The current central authority (State Service of Ukraine for Ethnic Policy and Freedom of Conscience, DESS) was formed in accordance with the recommendations of the OSCE and taking into account the experience of the EU member-states. Its status is lower in the executive power hierarchy. However, its scope of competence and its actual activity best serves the interests of the national minorities.

FACTORS OF TENSION IN SOCIETY AT THE BEGINNING OF THE NORTHERN IRISH CONFLICT

The article is devoted to the study of the causes of social tension in Northern Ireland in the 60s of the XX century. The author analyzes the social, economic and political causes of disunity and instability in the region. Special attention is paid to the problem of the existence of two ethno-religious communities: Irish Catholics and British Protestants. The economic heterogeneity of society, disproportions in representation in legislative and executive authorities, and the lack of mechanisms for protecting the rights of minorities are considered. These factors, according to the author, contributed to the growth of social tension and radicalization of communities.

The coevolution between the status of groups in planning London and the development of the British constitutional rights

ABSTRACT This paper investigates the coevolution between the development of British constitutional rights and the status of social and minority groups in planning London since its first post-WWII comprehensive plan. The study employed a historical document analysis by scrutinizing major London urban plans, pertinent British legislation, and constitutional rights enactments to uncover the evolution of urban planning amid a changing rights-based constitutional landscape. The study concludes that the status of social and minority groups within London’s urban planning is not solely a product of planning approaches but is significantly shaped by the prevailing political and constitutional frameworks regarding minority rights.

Humour from the Right: Authoritarian populism and ‘punching down’ laughter in India

This paper examines India’s authoritarian populist politics through a study of humorous speeches made by the nation’s prime minister, Narendra Modi, known for his Hindu supremacist right-wing stance. It qualitatively analyses Modi’s strategic use of humour that targets marginalised groups, including intellectuals, women, people with disabilities, and the Muslim community. The act of suicide and the state of widowhood have also been targets. By employing textual analysis of specific jokes and insults delivered by Modi in public forums, the study demonstrates how carnivalesque speech is used to ‘punch down’ on individuals and groups based on their identity. The paper draws a comparison with Donald Trump’s use of similar humour, noting how both leaders utilise it to destabilise their opposition and mock minorities. Using Mikhail Bakhtin’s carnival theory as a lens, which originally posits a democratic and inclusive potential to subvert power, the study argues that the ‘inverted carnival’ employed by leaders like Modi and Trump serves to consolidate power and undermine minority rights. This research introduces the concept of ‘inverted carnival’ as a new framework for analysing the use of humour in authoritarian populist governance globally.

Imposibilidad de presentar demanda reconvencional en materia de alimentos y el principio de economía procesal

The General Organic Code of Procedures in Ecuador, which regulates the procedures for the processing of non-criminal matters, establishes in its article 154 that counterclaims are not applicable in matters of food, which has given rise to numerous debates in practice about the inconvenience that as a result of its interpretation, several processes have to be promoted to resolve issues related to the measures that must be adopted with respect to the children when the plaintiff in the process only requests that alimony be established. Based on a thorough bibliographic review and the application of theoretical and legal methods that served as a basis for the analysis and interpretation of the doctrine, jurisprudence and national and international legislation, the position is taken to consider that in the processes derived from the rights of minors, based on the protection that the family jurisdiction must offer due to the nature of the process and the best interests of the child, judges must provide solutions to the measures of food, visits, custody and care that arise from the process without the counterclaim being enforceable, as long as the decision does not imply surprise or defenselessness for the plaintiff or the defendant.

How conservative groups fight liberal values and try to ‘moralize’ the European Court of Human Rights

AbstractThis paper analyses the growing litigation before the European Court of Human Rights (ECtHR) by conservative European Non-governmental Organizations (NGOs) who exploit legal opportunities and other advocacy tactics. These actors oppose the liberal insistence on permissive individual freedom, minority rights and mandatory vaccination. Instead, they promote the sanctity of life, traditional values and harsh terrorism penalties. In this study we show that conservative legal mobilisation is not only related to litigation but also covers the execution of certain ECtHR judgments and the nomination of some European judges. We analyse their tactics using legal and sociolegal methodology (interviews, analysis of legal documents and jurisprudence and network analysis) to characterise their influence on the European human rights system and the reactions of the Council of Europe. We reflect on the moral values claimed by conservative NGOs and their liberal counterparts by analysing how powerful private actors, driven by material and moral interests, take creative initiatives that shape or reshape case law and its politicisation through alliances with so-called ‘illiberal’ and ‘populist’ states.

Actual Problems of the Prosecutor’s Protection of the Rights of Minors to Education

The article analyzes the problem of ensuring the human rights function in relation to such an unprotected category of citizens as minors. Based on the conducted research of violations that are detected by the prosecutor during prosecutor’s inspections, it was revealed which violations in this area are detected most often and what measures should be taken by the prosecutor to increase the effectiveness of supervision. Practical examples of violations related to the failure to provide minors with the right to receive free and affordable education are given. The author shows that supervision in the field of protection of the rights of minors has always been, is and will remain a priority. The purpose of this activity, implemented by the Prosecutor’s office, is to ensure the real implementation of legislation on the protection of the rights and legitimate interests of minors, the suppression, prevention and prevention of crime of children, as well as this work of the prosecutor’s office is aimed at restoring violated rights of citizens. The author justifiably notes that without compliance with the rule of law and the enforcement of legislation by all participants in educational relations, it is impossible to guarantee the real exercise of their right to education. In this regard, supervision of the implementation of legislation on the education of minors should not be limited to checking educational institutions. Every time, prosecutors should pay attention to the work of the supervisory authorities, to the acts that they draw up. When deciding on the choice of an act of a certain, most effective response act in each specific case, one should be guided by the organizational and administrative documents of the Prosecutor General’s Office of the Russian Federation, after a mandatory assessment of the negative consequences of fulfilling their requirements. When issuing response acts, prosecutors should be aware that such acts should not be aimed at destroying already real relationships, but only at changing them and bringing them into line with current legislation.

Unveiling voices and narratives: exploring the perspectives on multiculturalism and bilingualism of recent adult Chinese immigrants in Canada

ABSTRACT Multiculturalism, a federal policy that emphasises cultural, social, and political rights for ethnic minorities in Canada, is a crucial aspect of immigrant life. Concurrently with the implementation of multiculturalism by the federal government, Canada adopted bilingualism as its official language policy. Although the primary motivation for this policy was to protect the French language and culture, it holds significant relevance for immigrants, especially those residing in Francophone-dominant areas such as Quebec. Despite the importance of these policies to immigrant life, few studies have explored immigrants’ perspectives on both federal policies. Addressing this gap, the present study examines the lived experiences of six adult Chinese immigrants who arrived in Canada and obtained permanent residency or Canadian citizenship after 2010. Through narrative inquiry, this research shares participants’ stories to explore how recent adult Chinese immigrants understand Canadian multiculturalism and bilingualism. Taking a critical stance on multiculturalism and bilingualism, this study examines, discusses and interprets the lived experiences of its participants with the goal to confront issues of inequality, privilege, and power dynamics. The findings reveal that Chinese immigrants’ understanding of multiculturalism and bilingualism is shaped by their personal experiences with both policies. Participants leverage their experiential knowledge of multiculturalism and bilingualism to navigate their new lives in Canada. Although participants voice some concerns about these policies, they also presented nuanced perspectives and opinions on both federal policies. These perspectives not only enrich the literature on Canadian multiculturalism and bilingualism, but also highlight Chinese immigrants’ desire for integration in Canada.

GENERAL ASPECTS REGARDING THE PROTECTION OF NATIONAL MINORITIES WITHIN THE INTERNATIONAL LEGAL ORDER AND THE CONSTITUTIONAL SYSTEM FROM ROMANIA

The protection of the rights of national minorities has always been a topic of interest at the international level, but more importantly at the national level, still remaining a topical subject in the contemporary legal landscape. Made out of the need to contribute to the continuous promotion of the protection of the rights of national minorities, through the correct understanding of the legal nature and content of the rights specific to this category of persons, present work, structured in three sections, offers the opportunity to respond to concerns in the field of human rights protection, in general, and the protection of the rights of national minorities at the international level and at the level of the Romanian constitutional system, in particular.

RETRACTED: Nehaluddin Ahmad. Protecting the Rights of Minorities under International Law and Implications of COVID-19: An Overview of the Indian Context. Laws 2021, 10, 17

Laws retracts the article “Protecting the Rights of Minorities under International Law and Implications of COVID-19: An Overview of the Indian Context” (Ahmad 2021), cited above [...]

Защита прав несовершеннолетних в алиментных правоотношениях

Based on the analysis of federal legislation and law enforcement practice, the author examines the issues of protecting the rights of minors in alimony legal relations. It is concluded that despite the purposeful work of state bodies to ensure the right of citizens to receive alimony in a timely manner, a significant number of debtors on alimony obligations are avoiding financial responsibility. The article analyzes the latest legislative initiatives aimed at encouraging parents to conscientiously fulfill parental responsibilities for the maintenance of minor children. The necessity of improving the mechanisms for protecting the rights of minors in this area is substantiated.

Polygamy on Trial: Analyzing Anti-Polygamy Legislation in Nineteenth-Century United States

This study examines nineteenth-century United States anti-polygamy legislation, focusing on its intersections with multiculturalism and minority rights. By analyzing the historical and legal aspects of these laws, we identify their impact on Mormon communities and immigrant groups, aimed at enforcing cultural assimilation. Our findings reveal tensions between religious freedom and societal concerns over polygamy, particularly in Christian contexts. The research highlights a paradox in liberal democracies, where safeguarding minority rights often clashes with societal values, leading to legislation against practices seen as disruptive. It emphasizes the delicate balance between cultural pluralism, multiculturalism, minority rights, and societal cohesion in nineteenth-century America, shedding light on the ongoing relevance of these debates today. This study calls for further exploration of arguments against culturally or religiously inspired practices in Western democracies.

“We, the parents”: The activist collective identity of parents of LGBTQ individuals in Poland

AbstractObjectiveThe article presents a study on the collective identity of members of the Polish organization “We, the Parents—the association of mothers, fathers, and allies of LGBTQIA individuals.”BackgroundThe research contributes to the field of social movement studies, specifically focusing on the rights of sexual and gender minorities and parental activism, and is grounded in social constructionism.MethodUsing a qualitative case study with an ethnographic approach, the study employed participatory observation, interviews, document analysis, and autoethnography, analyzed through grounded theory.ResultsFindings highlight the cultural roots of the collective identity (“parent”), its interaction with individual identities, and its complex structure, identifying categories such as “accepting parenthood,” “normal parenthood,” “proxy parenthood,” and “intervening parenthood.”ConclusionsThe concept of “parenthood” both strengthens the collective identity and reveals internal tensions. Members engage with diverse audiences, including the public, the LGBTQ community, and power centers, using strategies like promoting “good parenting,” transforming social norms on sexuality and gender, supporting the LGBTQ community, and influencing public discourse on LGBTQ rights. Their modes of expression include narrative, evaluative, performative, and persuasive approaches.ImplicationsThe study offers valuable insights for practitioners in education, health care, and family support, especially in areas with adverse sociocultural climates. It demonstrates how parents adapt after their child's coming out, gain empowerment, and form alliances to improve LGBTQ family well‐being. The research also inspires policy initiatives and public health strategies addressing the mental well‐being and institutional discrimination faced by LGBTQ individuals.

Indigenous and Minority Activism under the United Nations

Abstract This article looks at the classification and treatment of indigenous peoples and minorities’ rights under the United Nations. In particular, it explores what the differences between indigenous and minorities, and the differences and similarities between activism for indigenous and minority rights under the United Nations umbrella are. It concludes by proposing recommendations for change so that advocacy for these rights and implementation of them can be better addressed especially in the current climate where conflicts and the associated displacements pose more urgent risks to those rights.

The Struggle to Defend Minority Rights: The Role of Islamic Religious Counselor in the Realization of Religious Freedom

When the principle of tolerance is seen as an agreement on shared values, the forms of its practice can be diverse, even contradictory. On the other hand, the relationship between minority and majority groups in Indonesia continues to change over time, and this dynamic becomes a locus of control for the authorities. The government never ignores this problem. In addition to regulations, one of the facilities provided is the existence of Islamic Religious Counselors. The purpose of this study is to explain the role of Islamic religious counselors in realizing harmonious relations for minority groups in freedom of religion and belief. The research method used in this study is a qualitative method with descriptive analysis. The results of the study show the issue in understanding the extent to which the role of divine (heavenly) religious symbols is manifested in the social realm when the majority and minority groups of various religious believers interact with each other in a society, and when each different symbol touches each other intensely. Religious counselors can provide an important foundation for expressing religion amid diversity. The main thing that needs to be underlined is the moderate religious insight and attitude. This is what distinguishes a Islamic religious councelor from other religious figures although both convey religious messages through guidance and counseling activities. The efforts and roles of religious icouncelors are explained from the perspective of religious moderation, harmonization, and freedom of religion and belief. From the perspective of religious moderation, the councelors have a role as an agent of moderation, guardian of morals, and guardian of faith, while from the perspective of harmonization, the councelors have an informative and educative roles, the same thing also in realizing freedom of religion and belief.

When ethnicity is “national”: mapping ethnic minorities in Europe’s framework convention for the protection of national minorities

ABSTRACT Legal and policy categorizations of group belonging play an important role in analysing lived experiences of discrimination, since the scope of minority protection requires individuals to prove their belonging to a minority group. This article maps the existing classifiers of minority identification as they are used in the Framework Convention for the Protection of National Minorities, Europe’s most comprehensive treaty designed to protect the rights of national minorities. I engage with the concept of ethnicity as a “knot of distinction”, looking at which minorities qualify as “national” in different countries. When is ethnicity used as a proxy for religion, when for race, and when for language? What categories are omitted? By inductively analysing the rationales presented by different EU countries of which minorities are “national”, and based on which grounds, this article reveals a messy, historically and politically driven picture, but one that can help us understand some regional patterns.