Protection Of Minorities Research Articles

The language problem of minorities in a homogeneous state.

In this paper, I aim at presenting the language situation of some regional minorities in Poland: Silesians (Ślązacy), Kashubians (Kaszubi) and the residents of Wilamowice. Protection of language minorities is extremely important from the point of view of cultural development of countries. Throughout a long period of its existence, Poland has been a multi-cultural country populated by representatives of different national, regional and ethnic groups. However, the national and ethnic situation of Poland changed radically after the Second World War. Today Poland is one of the most homogenous states not only in Europe but also worldwide. However, Poland is not free from the discussion about minority rights. Shaping a strong regional identity, which was particularly true for the Silesians and Kashubians and residents of Wilamowice, was a social and cultural phenomenon, completely unknown in the long history of Poland. The Act on national and ethnic minorities and on the regional languages dated January 6, 2005, allows to use of Kashubian language as a “supporting language” before the municipality authorities, the smallest ad-ministrative unit. The other obvious point of this description concerns the demanding of similar linguistic rights by Silesians. The study also highlights the efforts of the residents of Wilamowice to preserve their unique language.

Institutional and Legal Mechanisms for Protection of the Rights of Ukrainian Minority in the Warmia and Mazury Region

The research aims at presenting and exploring the mechanisms for protection of the rights of national minorities (based on the example of Ukrainian minority) in the Warmia and Mazury Region of the Republic of Poland. The research hypothesis is based on the statement that in fact the protection of rights of national minorities at the level of the Warmia and Mazury Region could be treated as a model, and thus implemented in other regions in Poland, or even in other countries facing the problems related to the protection of national and ethnic minorities. The main research problems are addressed within the questions: how is Ukrainian minority distributed in the studied region?; What are the state and local government institutions working for national minorities in the studied region of Poland?; What activities do these institutions undertake to ensure equal treatment of national minorities and provision for their rights?; How are these activities assessed by organizations/representatives of the Ukrainian national minority? The leading research method was the institutional and legal one. The research also contained the interviewing method as well as the focus group interview. Obtained results of the study confirmed the research hypothesis. It turned out that the Warmia and Mazury Region has created an effective institutional environment for the development of national minorities, including the Ukrainian one. It was possible thanks to the activity of the only Polish Plenipotentiary of the Marshal for national minorities and also the only National and Ethnic Minorities Committee of the Regional Council in Poland.

PRINSIP GOOD CORPORATE GOVERNANCE DALAM PEMENUHAN HAK PEMEGANG SAHAM MINORITAS MENURUT UNDANG-UNDANG NOMOR 40 TAHUN 2007

Limited Liability Company (PT) is very attractive to investors in the business world. In fact, almost all over the world, the rate of establishment of Limited Liability Companies (PT) is increasing. In Indonesia, the establishment of a Limited Liability Company (PT) by foreign and domestic investors cannot be separated from positive legal regulations. Regarding Limited Liability Companies (PT), it is regulated in Law No. 40 of 2007. It can be said that a Limited Liability Company (PT) is one of the pillars of economic development in Indonesia. Limited Liability Company (PT) was chosen as a form of company, because of its ease of management and transfer of shares. In addition, the Limited Liability Company (PT) also has the status of an independent legal entity. In doing so, there are limited responsibilities for shareholders, Directors and Commissioners. There is also protection for shareholders, both majority and minority. Minority shareholders are usually seen as not having full rights. So, there will be many assumptions about the absence of a right for minority shareholders. In fact, these minority shareholders also have several rights.

The doctrine of the margin of appreciation as a tool of relativisation of freedom of religion.

The objective of the paper is to determine the implications for the interpretation of Article 9 of the European Convention on Human Rights resulting from the Court’s affording to national authorities the wide margin of appreciation when deciding whether in a given case there is a need to limit the exercise of freedom of religion. The use of the doctrine of margin of appreciation in such cases is justified both by the lack of an all-European consensus as to the proper model of relations between the state and religious communities and by divergences of views and traditions concerning the importance and impact of religion in the society. In consequence, the Court holds that restrictions on freedom of religion on grounds of the principle of secularism, which in some countries has a rank of a constitutional principle of the political system, are compatible with the Convention. This is the case eve where establishing a link between the restriction of this kind with any of the legitimate aims outlined in Article 9.2 of the Convention is highly disputable, if not impossible. Moreover, the excessive use of the doctrine of margin of appreciation in this context makes the protection level of freedom of religion contingent on prevailing ( not always rational and free from prejudice )views and attitudes towards some forms of manifestation of religious beliefs. This outcome, however, is difficult to reconcile with values underlying the Convention and the need for minority protection

Strategic guidelines of ethno-national policy of Ukraine: Political and legal aspects

Problems and unresolved issues in the field of the Ukrainian political nation consolidation and national minorities rights protection are analysed. The normative legal acts regulating ethno-national relations in Ukraine are analysed. The necessity of reforming the ethno-national legislation, elimination of declarative, contradictory and conflicting norms is proved. Threats caused by separatist manifestations are shown. The main values, guidelines and directions of the Ukrainian state ethno-national policy development are determined. The creation of a legal framework for ethnocultural autonomy in Ukraine will contribute to the formation of an effective system of protection of the rights of citizens belonging to national minorities in Ukraine, which will meet international standards in the field of protection of national minorities. , and will allow to approximate the legislation of Ukraine in the field of protection of the rights of national minorities to the EU law. Each national minority will have the right to create its own ethnocultural (extraterritorial) autonomy in order to address the issues of preservation and development of ethnocultural identity without requirements and claims to the state and the state budget. This will eliminate the declarativeness of the relevant legislation, increase the level of self-organization of national minorities, redirect ethno-territorial requirements to ethnocultural, promote harmonization of ethno-national relations and interethnic harmony in Ukraine, consolidation of Ukrainian society into a political nation based on common citizenship

PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DAN ANAK DARI TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA

Domestic violence is a form of violence based on the usual assumptions about gender regarding the relationship between men and women. Domestic violence stems from a wrong perspective, namely that human dignity and standardization of gender roles in a person are underestimated. Violence against women and children is not only found in physical violence but psychological and economic violence. The purpose of this service is to provide information to the public, especially in Labuhan Ratu IX Village, Labuhan Ratu District, East Lampung Regency, Lampung Province that women and children have been given protection to the state through legislation, one of which is Law no. 23 of 2004 concerning the Elimination of Domestic Violence and Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection. The method used in this service is PAR (Participatory Action Research) which emphasizes the problems faced by the community by providing assistance, Mentoring, Counseling, Advocacy and Socialization on the Law on criminal acts of domestic violence and protection of minors. The result of this service activity is to provide an understanding to the community about domestic violence. The purpose of this service is so that the community can prevent the occurrence of domestic violence in the future.

Peace Agreements as International Legal Acts Protecting National Minorities: The Scope Ratione Personae

Abstract The issue of the protection of national minorities is regulated by acts of international law, frequently arising from international agreements that have been concluded to end armed conflicts or to regulate directly their consequences. Peace treaties concluded between states are governed by the rules set out in the Vienna Convention on the Law of Treaties. More and more peace agreements are, however, concluded by non-state actors. As indicated in Article 3 of the Convention, it cannot be excluded that these too would be international agreements, having effects in the sphere of international law. Such acts are concluded, inter alia, by insurgents or belligerents. In some cases, agreements ending non-international armed conflicts are concluded by domestic entities that are not subjects of international law. Such acts may reflect solutions that have been adopted as standards in international practice and in the provisions of international law. These do not necessarily have to be legally binding standards. They can also be framework solutions, including measures relating to the protection of national minorities, which are formulated and offered as proposals for specific regulations.

Polish Politics before and after the Holocaust: The Impact of Antisemitism on Political Cleavages

Abstract This essay offers an overview of antisemitic entanglements of the Polish public sphere. It presents three dense vignettes, each of them illustrating a conjuncture that retraced the lines of political antagonism within the Polish public sphere: antisemitic discourses of the intelligentsia, used to push out new claimants from the public sphere during the 1905 Revolution; antisemitic undertones of the parliamentary debate on minority protection in 1919; and the first postwar working-class strike targeting the socialist government after the Kielce pogrom in 1946. Looking at those junctures and their aftermaths, the essay argues that instead of explaining too much through the “black box” of “Polish antisemitism,” we would do a better job if we disentangled this compound notion and analyze it as a set of complementary phenomena, each of them functional for various political cleavages.

Minorities Treaties and Mandatory Regimes

Abstract The post–World War I treaties of Versailles, Sèvres, and Lausanne collectively created two related frames for ongoing Allied control over unreliable territory: a system of “minority protection” in the new and fragile states of eastern Europe, and a neocolonial regime of externally monitored “mandates” in the Mashriq and elsewhere, with both systems falling under the jurisdiction of the newly constructed League of Nations based in Geneva. This article explores how the architects of the peace agreements developed the concepts of minority rights and mandatory responsibilities in conjunction, as a way of codifying, formalizing, and legitimizing restrictions on sovereignty along immovable racial lines.

Bilingual Education as an Instrument of Ethnic Minority Protection: The Case of Italian L2 in the Slovene Littoral

Abstract The educational system is an essential form of institutional support to ethnolinguistic vitality. In the bilingual areas of the Slovene Littoral, Italian as minority language is offered in schools with Slovene as language of instruction as a compulsory subject with the aim of educating learners for interethnic and intercultural communication. The article discusses the relationships between social and individual factors in the development of communicative competence in the minority language. Data were collected by means of a Likert scale questionnaire. The results reveal the language behaviour of Slovene speakers as age related and strongly associated to the subjective relevance of Italian in their private life. Differences in contact with Italian were also observed, however they appear to be more related to levels of language proficiency than age.

The Ghost of John Hart Ely

The ghost of John Hart Ely haunts the American liberal constitutional imagination. In spite of the failure long ago of any progressive constitutional vision in an increasingly conservative Supreme Court, Ely’s conjectures about the superiority of judges relative to legislatures in the protection of minorities and the policing of the democratic process remain second nature. Indeed, they have been credible enough among liberals to underwrite an anxious or even hostile attitude toward judicial reform. In order to exorcise Ely’s ghost and lay it to rest, this Article challenges his twin conjectures. First, the Article argues that there is little historical and no theoretical basis for the belief that courts will outperform legislatures in overcoming even deeply entrenched historic discrimination against deserving minorities — even as courts act to entrench the power of undeserving ones, like the powerful and wealthy today. Second, the Article contends that Ely’s almost complete failure to anticipate the inaction of the judiciary in policing the democratic process — except when judges assist their own ideological allies — is devastating for his theory, which depended precisely upon an empirical prediction. Ely’s conjecture about the comparative superiority of judges in policing the democratic process has proved untrue because he ignored ideological affiliation (focusing exclusively on personal self-interest) in supposing that, with their independence and life tenure, judges are less likely to act in self-dealing fashion than politicians. And the deepest reason for the ideological affiliation of judges, who often exacerbate what many take to be the worst pathologies of democratic exclusion, is that identifying what arrangements count as more rather than less democratic is itself a matter of intense ideological division. If Ely’s two conjectures fail, nothing remains to support the conclusion that judges deserve excess countermajoritarian power, leaving democracy’s shortcomings to be remedied within democratic politics — which is, in turn, the most desirable future of liberal constitutionalism.

Restoring (Old) Questions of Sovereignty under the Cover of Minority Protection?

Abstract Minority groups are often the subject of studies dealing with sovereignty and European integration. A now also common topic in political science is the rise of populist movements. Scholars study both of these issues extensively, but little research has been done on their nexus. Against this background, this article looks at the current sovereignty discourse in the minority area of South Tyrol. Even though three linguistic groups peacefully co-exist in the Italian province, various calls for dual citizenship have arisen. The possibility of acquiring an Austrian passport became a salient topic, especially since the övp/fpö government of Austria. Using the discourse-historical approach, the authors contextualize medial discourses with social-cultural context information. Results suggest that local media are disseminating a discourse regarding dual citizenship that largely differs from the opinion of the majority of the population, but corresponds to that of the populist actors who seem to fuel the issue.

Protection of minor rights in Russia and European Union countries

The goal of the study is to develop the problem of minor rights and legitimate interest protection theoretically. Discussion: A comprehensive analysis of the system for protection the rights of this category of citizens was carried out to achieve this goal. At the same time, special attention is paid to the basic concepts and approaches used for the implementation of the studied legal relations in Russia and the EU countries. Result: they revealed the features of minor right protection system in the Russian Federation and some EU states.

The European Court of Human Rights and the Protection of National Minorities: Are We There Yet?

This article highlights the most significant and recent developments concerning the protection of national minorities in the jurisprudence of the European Court of Human Rights (hereinafter ‘the Court’ or ECtHR). The examination of this development focuses on political, cultural, and social participation; education and language rights under Articles 8, 10, 11, and 2 Protocol No. 1 to the European Convention on Human Rights (hereinafter ‘the Charter’ or ECHR), which are amongst the most important rights for members of national minorities. The critical analysis includes controversial judgments such as Gorzelik and Others v. Poland and D.H. and Others v. the Czech Republic. Furthermore, the paper draws a comparison between the ECHR and other instruments, such as a potential additional protocol to the ECHR and the Framework Convention for the Protection of National Minorities (hereinafter ‘Framework Convention’ or FCNM).

On the Special Protection for Juvenile Workers

Industrial Revolution was the beginning of the phenomenon of child labor. Capitalists employed children, based on the autonomy of private law and the principle of contract, and put them under an adult-working condition whose labor intensity is not consistent with their physiological and psychological development. The health of children’s physical and mental development had been greatly harmed and the process of national civilization and the construction of legal system had been undermined, which was hard to ensure the rights to survival, health and development of these juveniles. Therefore, plenty of countries have launched special protective measures for underage workers. By taking Constitution of the People’s Republic of China as the core and Labor Law of the People’s Republic of China, Law of the People’s Republic of China on the Protection of Minors, Compulsory Education Law of the People's Republic of China, Regulations of the Special Protection on Children and Provisions on the Prohibition of Using Child Labor as the main contents, Chinese government has also initially set up the legal system regarding the special protection on juvenile workers while some of the contents still need to be improved and reviewed for further enhancement.

Constitutionalization of National Minority Rights in BRICS Countries (Brazil, India and Russia)

On the basis of comparative law, this paper analyzes the issues of national minorities in three BRICS member-states (Brazil, India and Russia), and considers the directions and trends of the constitutionalization of national minority rights in these states. The authors argue that the coordination of the interests of industrial companies, regional communities and national minorities, alongside the establishment of common standards between BRICS are vital in order to ensure the sustainable growth of the economies of its member-states. The main comparison criteria are as follows: the understanding of the term “national minority” in different jurisdictions; the delimitation of powers of federative and regional authorities; a list of national minority rights; and instruments of representation and legal protection of national minorities. In regards to Brazil, this article focuses on the impact of the historic concept of racial democracy on contemporary policy on the issues of national minorities. For India the focus is on case law of the Supreme Court on minority issues, and for Russia the focus is on the protection of indigenous “small-numbered” peoples. The authors conclude that the direction of the constitutionalization of national minority rights differs dramatically in Brazil, India and Russia. Therefore, it is necessary to provide a common understanding of the purpose of such constitutionalization, which is namely, to preserve the identity of such minorities in the process of their gradual involvement in modern economic structures and national processes.

Protection of indigenous minority voting rights in the Ethiopian electoral system: The case of Harari National Assembly

Abstract. During the time of the election, indigenous minorities face enormous problems and difficulties. At times, their basic democratic rights are not always freely exercised. This paper explores the challenges encountered by one of Ethiopia’s indigenous minorities, the Hararis, during the sixth national election in Ethiopia. A descriptive, qualitative research method was used to investigate the nature of the problem and resolutions came up. Primary data (published legal documents, court cases and formal letters) were collected from various sources. The National Election Board of Ethiopia has inadvertently attempted to prevent the rights of indigenous minority Hararis (living in other parts of the country) from voting for candidates that form the Harari National Assembly. The basic reasons for the National Election Board to do so have no legal justification and are challenged by the federal and regional constitutions, particularly by articles explicitly addressing minorities and Hararis residing outside the Harari region to vote. The final decisions made by the federal cassation court were found to be correct, fair, acceptable, and in concurrence with the federal and regional constitutions. The study found out that the federal and regional constitutions of the country play a prominent role in protecting the rights of minorities to vote. Keywords. Indigenous minorities; Harari National Assembly; Election; National Election Board of Ethiopia; voting rights. JEL. F21, F68, O53, K23 .

Religious Minorities in Asia: Between the Scylla of Minority Protection and Charybdis of Religious Freedom Rights?

This article examines the intersection of religious freedom and minority protection within the Asian context. It argues that, to the extent that a focus on minority protection draws greater attention to the collective and communitarian dimensions of religious practice, it has the potential to enrich the discourse on religious freedom protection. I identify three areas of possible convergence—first, where a minority-focused regime leads to a richer understanding of the intersections between culture, language, and religion; secondly, where a focus on minority protection leads to positive measures by the state to protect religious minorities; and thirdly, where a minority regime founds a right of religious minorities to political participation. Nonetheless, I will also point out that there are limits to minority protection. It may even be a double-edged sword, as it serves to reify differences with the rest of society and risks permanently marginalizing the group as a minority. This could be the case even if there are institutional designs, formal or informal, to provide for religious minorities’ political participation.

How to Strengthen Protection of (Religious) Minorities and Cultural Diversity under EU Law: Some Lessons from Human Rights Protection System

The paper is split into two parts. The first part starts with the analysis of Views adopted by the UN Human Rights Committee on Yaker and Hebbadi v. France cases concerning the French Act prohibiting the concealment of the face in public. These Views are then compared with the judgment S.A.S. v. France delivered by the European Court of Human Rights on a similar case. This comparison shows that the principle of non-discrimination and, in this vein, intersectional discrimination play a critical role in assuring the effective protection of Muslim women wearing religious clothing. Analysis of S.A.S. is completed by highlighting the most relevant weaknesses of religious minority protection in the case-law of the European Court of Human Rights. Some references are also made to freedom of religious clothing in the workplace, underling the critical role that can be played in this regard by the duty of reasonable accommodation. The second part identifies the most significant shortcomings characterizing the protection of religious minorities under European Union law. In conclusion, this paper tries to highlight which lessons can be learnt from the human rights system—examined in the first part—in order to strengthen minority protection in the EU.

On Aims, Means, and Unintended Consequences: The Case of Molla Sali

This contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: ‘What happens when provisions for religious minority protection lead to the violation rather than protection of members’ rights?’ That case is Molla Sali v. Greece (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in that community subjected her—involuntarily—to the authority of sharia law over inheritance matters. The case serves as a foundation from which to explore the ECtHR’s engagements with the Framework Convention for the Protection of National Minorities, an exploration which helps bring to the fore the problems around the concept of ‘voluntary’ opting into identification with a minority identity when the latter entails some form of disadvantage. Women, in particular, due to family and peer pressures, are vulnerable to such disadvantage in contexts such as that from which the case of Molla Sali arises. Thus, the case invites discussion of various ways in which individual and group rights may come into conflict and considers minority rights specifically in relation to other human rights.