Protection Of Minority Rights Research Articles

Rights of Muslim Minorities in Contemporary India: A Critical Analysis

This paper examines the rights of Muslim minorities in contemporary India. It analyzes their legal status, political representation, and socioeconomic conditions. The study explores challenges Muslims face in areas such as education, religious freedom, and personal security. It also looks at discrimination issues and the unique challenges confronting Muslim women. The paper reviews government policies aimed at protecting minority rights and the role of civil society in advocating for Muslims. By examining these various aspects, this research provides a comprehensive overview of the current state of Muslim minority rights in India. It highlights both progress made and ongoing challenges, offering insights into the complex dynamics of religious minority rights in a diverse democracy

The Effectiveness of International Human Rights Law, National Legislation, and Judicial Systems in Protecting Minority Rights

The protection of minority rights is a critical aspect of human rights governance, necessitating effective mechanisms at both international and national levels. This study investigates the effectiveness of international human rights law, national legislation, and judicial systems in safeguarding minority rights. Employing a qualitative approach, this research analyzes the implementation and enforcement of legal frameworks aimed at protecting minority groups across various jurisdictions. Through a comparative analysis of case studies and legal documents, the study explores the strengths and limitations of international human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as national legislative measures and judicial decisions. Key factors influencing the effectiveness of minority rights protection include the extent of legal recognition, enforcement mechanisms, political will, and societal attitudes towards minority groups. The findings underscore the importance of robust legal frameworks and judicial systems that uphold minority rights and provide effective remedies for violations.

How Does it Feel to be a Problem? Inclusion and Exclusion and Quebec’s Bill 21

This paper seeks to analyze Bill 21 through the frameworks of minority rights and reasonable accommodation. It problematizes the “problem” of the veil, arguing that legislative deveiling, notably Bill 21, is a symptom of a larger crisis, namely the triumph of majoritarian politics over the constitutional protection of minority rights. Worse, while such laws are the result of popular discomfort with difference, their enactment further entrenches the binaries and assumptions that fuel such populist discomfort. As such, Bill 21 provides a useful case study of the role of law in responding to popular anxieties and in shaping perceptions of difference and equality in the first place.

Cultural Diversity & Policy Making: India’s G-20 Presidency.

India's policy, diplomacy, and international outreach endeavours are shaped by its cultural diversity and richness, which presents the nation's distinct identity to the globe. The main issues covered in a number of topics are summarized in this abstract, including cultural diplomacy, policies influenced by diversity, India's soft power potential, and methods for promoting Indian culture internationally. India has the potential to be a soft power due to its rich cultural legacy, dynamic democracy, and long history. India has demonstrated its power to affect global agendas and perceptions through cultural, diplomatic, and economic methods through projects such as its presidency of the G-20. India promotes its ideals of inclusion, tolerance, and respect for all people by utilizing its rich cultural legacy to build international collaboration and ties. India's foreign policy is based on cultural diplomacy, which allows the nation to present its rich history and customs to the world. India facilitates intercultural discourse, strengthens interpersonal relationships, and advances a more comprehensive comprehension of its multifaceted cultural mosaic through the organization of cultural exchanges, festivals, and exhibitions. India connects with global audiences through cultural centers, educational exchange programs, and internet outreach to promote awareness and recognition of its cultural richness. India's diverse culture has an impact on policy in a number of areas, including social welfare, language, education, and healthcare. India undertakes programs to protect minority rights, encourage linguistic variety, and incorporate indigenous knowledge systems into governance and development strategies because it understands the value of protecting and developing cultural heritage. India keeps its promise to social justice and inclusivity by tackling socioeconomic inequalities and empowering neglected populations. There are many different ways to promote Indian culture internationally, ranging from digital outreach and cultural diplomacy to supporting the cultural industries and encouraging tourism. India uses its cultural resources to draw visitors, present its artistic creations, and promote cross-cultural exchange via international cultural institutions, festivals, and exhibitions. India's attempts to promote its unique cultural history are strengthened when it collaborates with international organizations, educational institutions, and diaspora populations. This increases global appreciation and recognition of India's cultural outreach. In summary, India's cultural diversity and richness are important advantages that help to shape its foreign ties and global identity. India bolsters its soft power and promotes more understanding, collaboration, and harmony in an increasingly interconnected globe by embracing its cultural history, fostering cultural exchange, and interacting with global audiences.

Russiskspråklige i Estland: En minoritet uten agens

Abstract: Russian-speakers in Estonia: A Minority Without AgencyThis article explores the conditions of the Russian-speaking minority in Estonia and sees the development of these conditions as a product of an interaction between the nationalizing state, the Russian-speaking minority, the minority’s “kin state”, and the international community; a framework dubbed the “quadratic nexus” by David J. Smith, expanding upon the theories of Rogers Brubaker. This article provides an updated empirical analysis of the impact of the quadratic dynamic in Estonian minority relations, as the 2022 Russian invasion of Ukraine has shifted the balance of power between the agents in Smith’s nexus. The result of this shift is that the conditions of the Russian-speaking minority are now almost entirely decided by the nationalizing state, influenced by Russian aggression. The Russian Federation has made the protection of minority rights in Estonia increasingly difficult by pressuring the Estonian political elite to take an even more conservative stance on nationality policies as a response to the perceived threat from their neighbor in the east, in addition to reinforcing international indifference to minority rights in Estonia. This, combined with the preexisting socio-economic conditions of the Russian-speaking minority has led to the near total loss of the minority’s agency.

Jinnah's Vision for Minorities in Pakistan: A Critical Analysis

This research article explores the role and vision of Mr. Jinnah, the founding father of Pakistan, in shaping the relationship between the nation and its diverse minority communities. This study is to examine the impact of Mr. Jinnah's leadership on minority communities during the partition and in the early years of Pakistan. It also explores his efforts to promote religious harmony and minority rights. Mr. Jinnah's leadership and his commitment to creating a democratic and inclusive Pakistan provide valuable insights into the challenges and opportunities associated with nation-building, religious and cultural pluralism, and the protection of minority rights. This study examines the historical context, Jinnah's political philosophy, and the measures he took to safeguard the rights and well-being of religious minorities in Pakistan.

The reform of family law and Family courts in the Republic of Cyprus

La riforma del diritto di famiglia e delle Family courts nella Repubblica di Cipro
 ABSTRACT: This essay addresses the 2023 amendments to Article 111 of the 1960 Constitution of the Republic of Cyprus, as well as family law reforms in the light of the religious or belief minority rights protection, promotion, and implementation. In doing so, the article relies on the findings of the Atlas of Religious or Belief minority Rights research project. The aim is to highlight how the legal system of Cyprus is slowly detaching itself from the millet logic inherited from the Ottoman past and it is further aligning with European and international standards on the protection of minority rights in different policy areas, including family law and marriage. However, religious affiliation and religious legal systems still bear significance on some issues pertaining to family law, marriage, and dissolution of marriage.
 SUMMARY: 1. Introduction - 2. Religious (and ethnic) affiliation in the “intractable” Constitution of the Republic of Cyprus - 3. Family courts: Article 111 of the Constitution and the Orthodox Church - 4. The Family Courts of the Religious Groups - 5. The Eighteenth Constitutional Amendment and the recent family law reforms - 6. Concluding remarks.

Comparative legal analysis of language use regulation in Ukraine and European countries

The article analyses the functioning of the State language in the public authorities and local self-government bodies of Ukraine, pays attention to the ensuring by the Constitutional Court, the Supreme Court, local and appellate courts of the rights of a person who does not know the State language or speaks sign language, considers the implementation of functions by civil servants to ensure fundamental human rights and freedoms, and also examines the issue of observance of the fundamental language rights of national minorities in Ukraine, in particular in the territory of the Autonomous Republic of Crimea, for review. A comparative analysis of the functioning of state languages in European countries was also carried out. The author examines the use of the state language when submitting appeals, emphasising that from now on, the Law of Ukraine «On Administrative Procedure» is the legal act regulating the language of citizens’ appeals, according to which a person may submit the necessary documents for the proceedings in the state or another language, but in this case, the person is obliged to translate the appeal into Ukrainian. Cases of conflicts between the old and new legislation in the field of filing appeals are identified. The author analyses the regulatory and legal ways to ensure the implementation of functions in such public spheres as education, science, culture, sports, labour relations, television and radio broadcasting, print media, book publishing and distribution, advertising, healthcare, office work, and document management.
 The author focuses on the legal framework of the European Charter for Regional or Minority Languages in terms of protection of the rights of national and ethnic minorities. The author examines the issues of language policy in different countries, in particular in Spain, Switzerland and France, and in the context of protection of the rights of national and ethnic minorities, and concludes that the trend in most European countries is to try to balance the protection of minority rights and preserve linguistic diversity in the context of each country. The author emphasises that the State language plays a crucial role in the formation of the nation and the functioning of the State, primarily through its communicative, identification, ethnic and other functions.

ԵՎՐՈՊԱԿԱՆ ԳՈՐԾԻՔԱԿԱԶՄԸ ԷԹՆՈՔԱՂԱՔԱԿԱՆ ԼԱՐՎԱԾՈՒԹՅՈՒՆՆԵՐԻ ՀԱՂԹԱՀԱՐՄԱՆ ՃԱՆԱՊԱՐՀԻՆ / EUROPEAN TOOLS FOR OVERCOMING ETHNO-POLITICAL TENSIONS

The European Union, apart from being a large and influential structure, is also a single, common integration roof for different cultures and ethnic groups. And this difference is often the basis of various ethno-political conflicts within the Union. These conflicts are the result of tensions, economic inequality and political grievances carried over from the historical past to the present day and have a significant impact on political stability, social cohesion as well as economic development. The purpose of this article is to explore the European toolkit to identify how European states and international organizations use existing mechanisms to prevent or mitigate ethno-political tensions, promote peace and stability. In order to achieve the goal, the task was set to study the main factors of the emergence of ethno-political tensions in the EU, including historical, economic, political and social influences. The methodological approach of the article is based on a combination of analytical, comparative, practical case studies, historical and documentary analysis methods. It has been argued that ethno-political tensions are often caused by economic inequality, historical disputes, national identity issues and migration processes, which require a multi-faceted and comprehensive approach to manage. The conclusion is that the effective management of ethno-political tensions in the EU requires a unified policy based on ethnic diversity and cultural integration, including mechanisms for the separation of power and the protection of minority rights, as well as the strengthening of global and regional cooperation to mitigate the impact of external factors.

Comparison Of Direct Regional Head Election Systems In The Context Of Global Construction Law

This article analyzes the comparison of regional head election systems directly in the context of global constitutional law. The background to this research is driven by the complexity and diversity of regional head election systems implemented in various countries, as well as their impact on global state governance which is increasingly connected and interdependent. The main objective of this research is to understand the differences and similarities in these systems, identify the factors that influence the choice of the regional head election system, and explore the implications for global constitutional law issues. The research methods used involve literature analysis, comparative studies, and a review of various regional head election models, both based on direct elections and representative systems. The research results show that the direct regional head election system has the potential to increase public participation and accountability, by focusing on democratic principles. However, its implementation can also pose challenges, such as fragile political stability and the protection of minority rights which is often a concern. This research concludes that a deeper understanding of the direct regional head election system and its implications for global state governance is very important in efforts to build global statecraft law that is more inclusive and sustainable. This article contributes to the literature discussing global constitutional law issues and can be a guide for researchers, legal practitioners, and policymakers in planning and evaluating regional head election systems.

Historical Roots of Interethnic Harmony and Tolerance in Uzbekistan

Objectives: This article explores the historical roots of interethnic harmony and tolerance in Uzbekistan, a country situated in Central Asia. Uzbekistan has a rich and diverse cultural heritage, with a long history of different ethnic groups coexisting and interacting within its borders. The paper examines key historical periods and events that have shaped the foundations of interethnic harmony in the region.
 
 Methods: The article begins by delving into the ancient history of Uzbekistan, highlighting the influence of various civilizations and empires, such as the Persian, Greek, and Arab empires. These interactions fostered cultural exchange, religious pluralism, and linguistic diversity, laying the groundwork for a society that embraced differences and valued coexistence. Furthermore, the paper explores the legacy of the Silk Road, which played a pivotal role in connecting different regions and facilitating trade and cultural exchange. The Silk Road brought together merchants, scholars, and artisans from diverse backgrounds, fostering cross-cultural understanding and tolerance.
 
 Results: The article also examines the impact of Islam on interethnic relations in Uzbekistan. Islam arrived in the region during the 8th century and became a unifying force, transcending ethnic boundaries. The spread of Sufism, a mystical branch of Islam, further promoted a spirit of harmony and acceptance, emphasizing the importance of spirituality over divisions based on ethnicity or social status. Moreover, the article discusses the Soviet era and its effect on interethnic relations. During this period, the Soviet government implemented policies aimed at promoting equality and unity among different ethnic groups. Education and employment opportunities were made accessible to all, fostering a sense of shared identity and promoting social cohesion. Finally, the article examines contemporary Uzbekistan, highlighting the efforts of the government in promoting interethnic harmony and tolerance. The country has adopted policies that protect minority rights, encourage cultural diversity, and foster dialogue among different ethnic groups. Initiatives such as language and cultural festivals, interethnic marriages, and inclusive education programs contribute to a society where diversity is celebrated and valued.
 Conclusion: In conclusion, Uzbekistan's historical roots of interethnic harmony and tolerance can be traced back to its ancient civilizations, the Silk Road, the influence of Islam, and the policies implemented during the Soviet era. These factors have shaped a society that embraces diversity and promotes peaceful coexistence among its various ethnic groups. Understanding and appreciating these historical foundations are crucial for fostering continued harmony and tolerance in Uzbekistan and beyond.

Resolving the Conflict in Thailand’s Southern Border Provinces: Contentions between Upholding State Authority and Human Rights within the asean Context

Abstract Based on an examination of the peace process in Thailand’s southern border provinces, this article asks what are the important lessons learned for strengthening asean’s role in conflict resolution. The argument of this article is threefold. First, asean’s entrenched norms have prevented a regularised role for asean in the area of conflict resolution. Second, due to this arrangement, asean member states have applied a varied mix of approaches to resolving or managing ethnic conflicts. From a comparative perspective, the Thai approach to resolving the conflict falls in an in-between position along the spectrum of democratic and authoritarian means used by its fellow asean member states. Third, the lack of regularised procedures is not necessarily an obstacle to resolving conflict but it reduces opportunities to deepen regional cooperation. More pressing is asean’s inability to protect minority rights, which has negatively affected asean’s centrality, and its commitment to building a people-centred community.

Legal Protection of Minority Rights: Study on the Implementation of Qanun Number 6 of 2014 Concerning the Jinayat Law in Langsa City, Aceh Special Region Province

The negative stigma against applying Islamic law or sharia has not disappeared. This stigma persists since it is accompanied by propaganda that Islamic sharia is contrary to human rights and is barbaric. Specifically, the Special Region of Aceh Province, with its special label and special autonomy based on Law No. 44 of 1999 concerning the Implementation of the Privileges of Aceh, strengthened by Law No. 18 of 2001 concerning Special Autonomy, Law No. 11 of 2006 concerning the Government of Aceh, and part of the Memorandum of Understanding (MoU) of Helsinki bargaining, is permitted to apply Islamic law, including the issue of jinayat. This research’s object was the implementation of Qanun Jinayat in Langsa City to find out how it is implemented and how it protects the rights of minorities. Included in the field research category, this study used qualitative methods with data collection techniques through in-depth interviews and field observations. The result revealed that the enforcement of the Qanun Jinayat in Langsa City is concerned about human rights norms, does not interfere with the rights of minorities, and they even feel happy since the Qanun’s norm is also regulated in their holy book.

The Recognition of Minority Rights in International Law: A Historical Review

This study examines the history of minority rights in international law. It begins with the early recognition of minority rights, including the Treaty of Westphalia and the Congress of Vienna, and the emergence of the concept of national minorities in Europe. The article examines minority rights in Europe during the Congress of Berlin and the interwar activities of the League of Nations. Post-World War II developments are explored, with a focus on UN minority recognition. The article also emphasises the role of international human rights legislation in protecting minority rights through treaties like the ICCPR and CRC. It also examines the regional human rights protection mechanisms in Europe, America, Africa, and the Arab region. The paper sheds light on modern minority rights issues like self-determination, cultural rights, political representation, equality, non-discrimination, etc. At the same time, the article also identifies sovereignty, globalisation, terrorism, and nationalist and populist movements as barriers to the process of recognising and protecting minority rights. The conclusion summarises the findings and guides future studies, highlighting the need to maintain and enhance minority rights globally while balancing complex and competing interests.

Conflict and Coalition: Securing LGBT Rights in the Face of Hostility

Under what conditions do states protect minority rights in a context of domestic resistance? Recent decades have seen rapid divergence on LGBT rights worldwide, with Africa presented as “norms antipreneur” in the face of international pressure. Yet, in 1996, South Africa was the first country in the world to provide constitutional protection on grounds of sexual orientation. This article develops an original theory on LGBT rights protection using a conflict-to-rights framework. Employing process tracing, elite interviews and archival sources, I show how a situation of insurgency allows LGBT activists to build networks and increase egalitarian attitudes to attain in-group status. Continued violence also works to block public participation in policy-making while dividing opposition forces, allowing a tiny group of activists to effectively lobby for change.

Conceptualizing Universal Human Rights in Islam: Implications in the Modern Period

This study delves into the conceptualization of Universal Human Rights in Islam and its implications in the modern period. The research explores foundational principles within Islam that align with universal human rights values, such as the recognition of inherent human dignity, equality, and freedom of conscience. Additionally, it investigates Islamic perspectives on social justice, the protection of minority rights, and the provision of basic needs, which resonate with the principles of universal human rights. However, the study also addresses challenges in the areas of gender equality and women's rights, as interpretations of Islamic teachings may differ from international human rights standards. The research also highlights the complexities of reconciling freedom of expression with religious sensitivities within the Islamic context. The implications of the findings are far-reaching, with the potential to foster interfaith dialogue, enhance human rights education within Islamic communities, and advance efforts towards gender equality and minority protection.

The Use of AI and Algorithms for Decision-making in Workplace Recruitment Practices

The use of artificial intelligence (AI) and algorithms in human resource management systems has increased in recent years significantly due to the COVID-19 pandemic and the rise of remote work. Research has shown that implementing AI systems in different workplace scenarios increases efficiency, reduces worktime, production and labor costs and the need for human workers to perform the tasks that AI systems can perform. Within human resource management practices, AI systems have been employed to do a multiple array of tasks such as: screening candidates, performance evaluations, facial and voice analysis during candidate interviews, training, and development. Other recruitment practices that employ AI systems are considered to have implications that make employers liable for possible discrimination which could occur as an adverse effect of having these systems partake in the decision-making process for employee selection. Certain authors have recognized the lack of the human factor in this process as detrimental and increases the possibility of error and bias in selection of candidates.
 This study explored the use of these AI systems in the workplace and what regulations have been created to oversee how they can be employed for recruitment practices. It also aims to highlight the positive and negative impact of these AI supported practices. The results highlight the importance of regulating these practices as an effort to protect minority rights and privacy rights of people that are seeking employment. Identifying international and national legislation is necessary for adopting better regulated practices and guaranteeing worker’s rights.

Minority rights, the Roma, and neoliberal reform in EU accession

ABSTRACT After the dissolution of the Soviet bloc, joining the European Union was a top priority for most East European countries. To join the EU, the Copenhagen Membership Criteria required that candidate countries develop stable democratic institutions, establish the rule of law, defend human rights, and ensure the protection of minorities in addition to creating free markets. While the EU was extraordinarily successful in promoting economic criteria for membership in minute and fundamental ways, its record of using the incentive of membership as a way of promoting and protecting minority rights was much more mixed, especially for the diverse Roma population.

КЕЙСИ ЗГУРТОВАНОСТІ ЕТНІЧНИХ СПІЛЬНОТ ТИМЧАСОВО ОКУПОВАНОГО МЕЛІТОПОЛЯ В КОНТЕКСТІ ВТІЛЕННЯ ПРИНЦИПУ ЄДНОСТІ В РОЗМАЇТТІ: ПРОЄКТНИЙ ПІДХІД

The work outlines the subject field of application of the project approach in the implementation of effective mechanisms for the protection of the rights of ethnic minorities (communities) of the temporarily occupied Melitopol and the formation of the cohesion of the multicultural community for the stability and restoration of the de-occupied post-war city and the Azov region. The point is that thanks to participation in the Council of Europe project «Supporting the reform of the national minority legal framework and the resilience of national minorities and Roma in Ukraine», Melitopol multicultural community has become one of the most consolidated among the representatives of those communities in the occupied territories of Ukraine, which were forced to temporarily leave their homes and the city. The main problems of preserving cultural diversity and observing the rights and freedom of ethnic communities, factors and mechanisms for improving the legislative and political framework for the protection of minority rights in Ukraine and promoting cooperation between local authorities and national minorities in war conditions are analyzed. Considered prospective approaches to the implementation of alternative methods of combating discrimination in martial law conditions and overcoming communication gaps between ethnic communities that remained in temporarily occupied Melitopol, live in the territory under the control of Ukraine or were forced to leave abroad. The mechanisms of implementation of successful cases and positive experience of the multicultural community of Melitopol in preventing and countering discrimination of persons belonging to national minorities (communities) and indigenous peoples of Melitopol are substantiated, based on modeling elements of social reality and intensive interpersonal interaction which madeit possible to become one of the most consolidated among the representatives of the communitieson the occupied Ukrainian territories.

현행법상 혐오표현에 대한 사법적 대응

Despite the seriousness of hate speech, which is pervasive in our culture, specific administrative and legislative measures to regulate hate speech have not yet been adopted, and there is no national agreement in our nation. Fortunately, a variety of sectors, including academics, politics, the media, and civic organizations, have started to raise awareness of the problem of hate speech along with issues relating to freedom of expression, and societal efforts to address problems brought on by hate speech have been ongoing. However, there are still no organized, effective measures in place, and the process of enacting the necessary laws and regulations is moving slowly. Despite the fact that Korean society has actively participated in regulatory discourses on hate speech issues that have recently gained widespread attention. If Korean courts continue to take a non-interventionist stance toward hate speech due to a lack of legal grounds, it may appear that they tolerate it unchallenged. As a response, the Korean courts should accumulate judgments that alarm the harmfulness of hate speech within the existing legal system until a legislative basis is established. This will help to protect minority rights and interests from harm that hate speech causes to minority groups' rights and interests, such as discrimination and exclusion. Currently, instances involving hate speech are handled by Korean courts in fragmented approaches, including by criminalizing insult (or defamation) crimes, awarding damages for unlawful acts under civil law, examining the validity of administrative dispositions, etc. This study intends to offer the Korean courts judicial criteria that might be used in cases involving hate speech.