Minority Rights Research Articles

US Right-Wing, Pro-Family Movements in East Africa: Furthering Legislation That Fuels Health Inequities Among Sexual and Gender Minority Persons Assigned Female Sex at Birth in Western Kenya.

Neocolonial US right-wing actors have targeted sexual and reproductive health and rights and sexual and gender minority rights in Kenya, influencing support for the Family Protection Bill, which is currently sitting in the Kenyan parliament and, if enacted, would further criminalize sexual and gender minority persons. We focus on how sexual and gender minority persons assigned female sex at birth in Kenya are at the intersection of these assaults on sexual and reproductive health and sexual and gender minority rights and already experience negative health outcomes because of discrimination, barriers to sexual and reproductive health care, and other effects owing to criminalization. (Am J Public Health. Published online ahead of print May 8, 2025:e1-e7. https://doi.org/10.2105/AJPH.2025.308099).

Autonomy and Minority Disempowerment in Ethiopia’s Federal System

Abstract This paper explores Ethiopia’s federal system and the systematic disempowerment of non-territorial minorities. The 1995 constitution granted autonomy for minorities based on territorial boundaries empowering self-rule and regional control. However, smaller ethnic groups living outside their ethnic regions were left without political and socio-economic rights. An exception to this is the Amhara Regional State’s Oromo Special Zone. Non-territorial minorities in Oromia, Afar, Gambella, Tigray, Somali, Southern Nations, and Benishangul-Gumuz are left without political, resources and social empowerment. This contradicts the provisions outlined in undrip, ilo 169, the osce, Lund Recommendations, udhr, and iccpr. The study examines paradoxes that territorial autonomy benefits dominant ethnic groups while disempowering non-territorial minorities. This undermines inclusion, equality, democratic participation and equality. The study argues that all regional states in Ethiopia should learn from the Amhara region to protect the non-territorial rights of minorities, ensuring equal access to political power, resource ownership, and cultural recognition.

Conditions of Political Representation of Minorities in Iraq Post-2003

Objectives: The study aims to identify the challenges surrounding the political representation of minorities in Iraq, focusing on legal and legislative issues, the political party environment, and the impact of the security situation on minority rights. It is noted that there are over 43 million people in the country, consisting of 75-80% Shia and Sunni Arabs, and 15-20% Sunni Kurds. The country also includes various other groups, mainly religious and ethnic minorities living predominantly in the north and rarely in the south (5-7%). Methods: The research employed qualitative methods, conducting personal interviews with political representatives of minorities, civil activists, and minority rights advocates across Iraq. Results: The study concluded that there is a need to reform the minority quota system by amending election laws so that voting within minority communities is limited to candidates who genuinely represent and are accountable to those communities, enhancing the authenticity of representation. It also emphasized the necessity of expanding political representation for minorities by recognizing the political rights of all unrepresented minorities. Furthermore, increasing minority quotas within ministries by allocating specific quotas would enable minorities to play more significant roles in decision-making processes. Conclusions: Effective political participation of minorities in Iraq remains a critical challenge. Therefore, the study concluded that continuous reforms in laws and policies are essential to enhance their roles in decision-making and to ensure the protection of their rights without bias or discrimination.

LEGAL MINORITY IN THE EUROPEAN UNION: OPPORTUNITIES, CHALLENGES AND ABUSES

The rights of national minorities within the EU member states represent an important and current issue that attracts the attention of many researchers. The EU strives to support national minorities through its conventions and projects, aiming to provide them with economic security, social justice, and, above all, living conditions that enable them to function normally. The subject of this study is the analysis of the conventions through which the EU seeks to improve the status of national minorities, as well as an analysis of models that recommend specific activities and efforts needed to ensure that national minorities have regular access to employment, healthcare, economic prosperity, family formation, parental support, and all other aspects that would enhance tolerance and respect for national minorities in multicultural environments. The study also examines how artificial intelligence, and statistical models could detect hate speech directed at national minorities, and how the level of such hate speech can be reduced and negative consequences prevented. Finally, the study provides predictions about what the EU can expect in the future to ensure that national minorities in all countries achieve equality with the rest of the population, offering numerous useful legal, social, and economic implications.

Mülki məhkəmə icraatında yetkinlik yaşına çatmayanların iştirakı məsələləri

In the Constitution of the Republic of Azerbaijan, ensuring the rights and freedoms of man and citizen, a decent standard of living for citizens of the Republic of Azerbaijan is called the highest goal of the state. The protection of human rights and freedoms proclaimed by the Constitution is considered the responsibility of the legislative, executive and judicial branches. The judicial form of protection of civil rights among the listed bodies is the most important. Judicial protection of human rights and freedoms is directly related to the violated right and, depending on many other factors, is carried out through constitutional, civil and criminal proceedings and other methods provided by law. Minors constitute a significant part of the population of the Republic of Azerbaijan (more than 30%) and the protection of their rights is a primary task of the state, society and family. Guarantees of judicial protection of the rights and interests of minors are enshrined both in the provisions of the Civil Procedure Code of the Republic of Azerbaijan and in the procedural norms of some substantive legislative acts (Family Code, Civil Code, Labor Code, etc.). It should be noted that although the European Convention on the Exercise of Children's Rights of 1996, which mainly regulates the civil procedural rights of minors, has not been ratified by the Milli Majlis of the Republic of Azerbaijan, the procedural rights of children in civil proceedings are sufficiently enshrined in the relevant national legislation. According to statistics from the Ministry of Justice of the Republic of Azerbaijan, the number of civil cases considered in courts affecting the rights and interests of minors is increasing from year to year. The vast majority of these cases are related to divorce, establishment of paternity or recognition of paternity in court, as well as adoption or cancellation of adoption. In this regard, the role of judicial bodies in ensuring the violated rights of minors, in regulating social conflicts and family disputes is extremely important. The article examines the constitutional and international legal foundations for the participation of minors in civil proceedings, as well as the mechanisms for their regulation provided for by the relevant legislative acts of the Republic of Azerbaijan. Key words: civil procedural law, family law, civil proceedings, divorce, minors, judicial protection, civil claim, rights of family members, former family member, juvenile justice, right of communication, parental rights.

Navigating the Fault Lines: The Paradoxes of Majoritarian Democracy and Minority Rights in Nigeria’s Multi-Ethnic Polity

This study critically examines the paradoxes embedded in majoritarian democracy in Nigeria’s multi-ethnic polity, focusing on how majority rule centralizes power and marginalizes minority groups, exacerbating ethno-political divisions. Anchored in Nigeria’s federal structure and electoral processes, the study scrutinizes political exclusion, exploring how majoritarianism entrenches state capture and accelerates fragmentation. Employing consociationalism and deliberative democracy frameworks, this research interrogates key questions: How effectively does Nigeria’s democratic model navigate ethnic landscape? What institutional recalibrations are necessary to ameliorate legitimacy deficits and deepen social cohesion? How is social solidarity mobilized or manipulated in Nigeria’s political framework, and how does it shape governance and minority-majority relations? Through a mixed method approach, this study demonstrates that Nigeria’s democratic configuration inadequately addresses its ethnic heterogeneity, perpetuating a crisis of governance and social polarization. Social solidarity’s dual role is highlighted: while dominant groups exploit it to reinforce exclusionary politics, grassroots movements leverage it to challenge power asymmetries, albeit with limited impact due to repression and institutional barriers. Strengthening inclusive governance, constitutional reforms, and electoral restructuring are critical for mitigating exclusion and fostering resilience. Institutional innovations, including minority protections, are essential to bridge political and ethnic divides. This research contributes to comparative politics and democratic theory by proposing actionable pathways for enhancing democratic resilience in pluralistic states.

Reconciling Multi-Level Rights-Based Commitments in Development: Assessing the Legal and Administrative Imperatives of Responding to Education, Health Care, and Environment Protection Challenges

Abstract The principles of sovereignty, equality, and self-determination – which have long been the basis for nonintervention in the affairs of sovereign states – have more recently been widened to condemn outside interference by national governments in the affairs of indigenous communities within their territories. These same principles, however, may equally be employed as arguments by sovereign states to justify their engagement in the affairs of indigenous communities residing within their borders, thereby creating the potential for considerable legal, ethical, and political tension. States are urged to respect the autonomy of indigenous people as well as their right to develop, preserve and transmit their history, traditions, and values to future generations; yet states also owe obligations towards indigenous people to facilitate their enjoyment of certain established rights, even as the provision of these obligations may be incompatible with indigenous peoples’ established practices, values, interests, priorities, and beliefs. Multilateral agencies face a similar dilemma in their engagements with national governments: when to respect the sovereignty of national governments and when to champion international law and covenants (e.g., regarding the rights of women and sexual minorities)? Drawing on cases from education, health care, and environment protection, this paper proposes an analytical framework for articulating and reconciling multi-level rights-based development commitments in low-income countries, where the presence of multilateral agencies and intensifying imperatives to attain global development goals generates forces exacerbating (potentially) competing national and sub-national obligations. The paper juxtaposes the relationship between states and multilateral against the relationship between national governments and indigenous groups in exploring the question of whether the principles of international law can be extended to indigenous peoples in the same degree.

Protection of Minority Rights

Abstract This article investigates how a viable minority rights protection mechanism can be established under the human rights regime. Minority rights and other group rights began to receive less attention in the post-World War ii era, due to primarily the individual rights-centric focus of human rights law. Provisions of human rights law dealing with minority rights and a few minority rights instruments adopted by the United Nations and other international organisations since the 1990s have also proved insufficient to protect minority rights. This article identifies these shortcomings of human rights mechanisms and recommends how human rights law can effectively respond to them in protecting minority rights. By analysing the strengths and weaknesses of the League of Nations’ minority protection system developed following World War i, it shows how the lessons learned from this past system can help develop a strong and coherent minority protection mechanism.

Rebuilding the State in Post-Assad Syria

Abstract: Voices in the international community express concerns over the need to protect minority rights in post-Assad Syria. Confessional quotas, ethnosectarian power sharing, and confederal devolution have all been proposed as potential safeguards for liberal freedoms. Syrian responses to these proposals are nevertheless shaped by the country's prior experience of the problems caused by the architectures of both identity-based politics and laissez-faire liberalism. The prospects for democratization after Assad will reflect the long-term trajectory of state-building in Syria, not solutions from outside.

Pathways to Voting Intentions Among Swedish-Speaking Adolescents in Finland

Abstract Political self-efficacy, the civic duty to vote, and a homogeneous political atmosphere have been identified as important antecedents of turnout. However, little is known about how they explain voting behavior among minorities, who have an inherent motivation to protect their minority rights. In this article, I examine how belonging to a minority, political self-efficacy, the civic duty to vote, and a shared party identification are connected to intentions to vote. Analyzing nationally representative panel data in a structural equation model, I compare Swedish-speaking minority adolescents and Finnish-speaking majority adolescents—groups that mainly share similar background characteristics in all but language and their minority or majority status. According to the results, the significantly higher voting intentions found among the minority can partly be derived from their higher level of political self-efficacy. The unilingually Swedish-speaking adolescents also seem to benefit from their more pronounced and homogenous political atmosphere.

Consociational Democracy, Non-Territorial Autonomy and Proportional Electoral System: Tripartite Mechanisms for Minority Protection within the Ethiopian Federation

Ethiopia is a country characterized by astonishing diversity and a state with deep historical roots. Following the collapse of the military regime in 1991, ethno-linguistic federalism was implemented to decentralize the previously centralized administrative bureaucracy and grant regional and local autonomy to the country's numerous ethnic groups. This system aimed, among other things, to mitigate ethnic tensions and conflicts. However, inter-ethnic conflicts are now rampant, primarily stemming from issues related to minority protections, administrative boundaries, self-administration, and identity. Therefore, this study aimed to assess the major challenges facing minorities and propose a tripartite mechanism for their protection. A qualitative research method, employing descriptive and explanatory approaches, was used. Data were collected from both primary and secondary sources through key informant interviews, focus group discussions (FGDs), and document analysis. Structured and semistructured questions were developed for the key informant interviews and FGDs. Sample respondents were purposefully selected from four regional states of the federation: Oromia, Benishangul-Gumuz, Harari, and Gambella. A total of 120 respondents participated in the study. Two rounds of FGDs were conducted in June and October 2022. Participants were purposefully selected from diverse segments of the population, including community elders, political party members, academicians, youth, women, merchants, farmers, investors, members of the legislative and executive branches, legal experts and local level administrators. The study found that the Ethiopian federation has achieved positive outcomes in certain areas. However, because ethnicity and territory are intertwined, and a significant number of people live intermingled in both urban and rural areas; creating heterogeneous regions, minority-within-minorities, inter-ethnic conflicts, local tyranny and violations of minority rights have been pervasive issues since 1991. Consequently, power-sharing mechanisms based on consociational democracy, non-territorial autonomy for dispersed minorities, and a proportional electoral system are indispensable strategies for resolving conflicts arising from diversity accommodation in general and minority protections in particular. Keywords: Minorities, Federalism, Consociational Democracy, Proportional Electoral System, Non-territorial Autonomy.

Crime, Morality and Decolonization: A Critical Comparative Analysis of Criminal Law Reforms in Indonesia and India

The criminal laws have undergone a comprehensive reform with the enactment of the Kitab Undang-Undang Hukum Pidana (KUHP), 2023 in Indonesia and Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA), 2023 in India. Those circumstances have raised serious questions concerning human rights. The newly enacted Criminal laws were introduced as a comprehensive reform to supersede the outdated colonial-era legislation, with the intention of dismantling colonial legacy. This study endeavors to conduct a critical evaluation of the extent to which recent criminal law reforms in Indonesia and India conform to the principles of decolonization. Specifically, it examines whether these reforms aligns with legal morality and human rights, evaluating whether they dismantle colonial legal legacies or inadvertently reinforce them. Furthermore, it aims to conceptualize various frameworks of morality, its nexus with law and explores the morality dilemmas by situating the study within the theoretical framework of decolonization. The research follows a comparative and doctrinal legal research approach, critically analyzing offenses against state, morality and religion-based offenses such as blasphemy, adultery, sedition, homosexuality, abortion among others. The findings of the study reveal that reforms of criminal codes have instead reinforced colonial morality and has disproportionality affected human rights of minorities. Through this study, the author concludes that true decolonization can be achieved when the colonial structures are questioned, colonial institutions are dismantled and the laws are in alignment with the international human rights standards. It is also recommended that the reform process should be continuous, democratic, empirical and ensure traditional belief and moralities are respected without infringing on individual rights.

Konsolidasi Demokrasi Sebagai Upaya Pembangunan Sistem Perdamaian Internasional dalam Teori Kantian

Democracy has essentially contributed to building a climate of freedom, legal equality of subjects, organizing representative government, and separation of powers in the structure of state government institutions. In practice, democracy has also tried to build principles regarding the international peace order in the structure of government institutions among democratic countries in the world through the vision of peace after World War II and the Cold War. For that, how democratization efforts help accelerate the transition to democratic consolidation by designing institutions and maintaining norms and practices in democratic governance on the condition that they respect and protect minority rights. The principles of the international peace order aim to promote a vision of peace in the international arena, especially democratic countries to carry out interdependent relations in the global economic sector related to international trade and investment and welcome international bodies as executors of the democratization process. The presence of a vision of peace is capable of being an important supplement in answering the needs of democracy that provides protection, security and peace, as well as to ward off the tendency of military power and totalitarian government systems of other countries that hinder the practice of international peacebuilding. Thus, democracy in practice has created a widening opportunity for countries in the world to build a mutualistic symbiosis system regarding the rules of international order, especially the issue of economic relations with peace relations facilitated by international bodies.

Democracy Practices in De Facto States: A TRNC Perspective

This paper examines the intricate dynamics of democratic practices within de facto states, with a specific focus on the Turkish Republic of Northern Cyprus (TRNC). De facto states, which operate without widespread international recognition, face unique challenges and opportunities in establishing and maintaining democratic governance. Through an in-depth exploration of TRNC’s political landscape, including its historical evolution, institutional framework, electoral mechanisms, and citizen participation, this study aims to illuminate the complexities of democracy in contexts marked by contested sovereignty. Drawing on a multidisciplinary approach, the research utilizes primary sources, scholarly literature, and comparative analyses to assess the adherence to democratic norms in the TRNC. Key factors such as sovereignty disputes, external influences, and socio-political dynamics are scrutinized to understand how this shapes the democratic processes within the TRNC. Special attention is given to the role of core institutions, including parliament and judiciary, in steering the state’s democratic trajectory. This study also highlights critical issues related to minority rights, civil liberties, and political pluralism, all of which are essential to the functioning of democracy. The study further explores the perceptions of TRNC citizens regarding democracy, offering insights into their levels of political engagement, trust in institutions, and aspirations for the future. By delving into the lived experiences of citizens, the research sheds light on the broader societal implications of democratic governance in the TRNC. It evaluates how public sentiment is influenced by external pressures, such as the significant role played by Türkiye in the TRNC’s political and economic spheres, and internal factors, including electoral reforms and governance challenges. The TRNC's democratic framework is analyzed within the context of its hybrid government system, which combines elements of parliamentary and semi-presidential models. The paper details the constitutional and institutional structures that underpin the TRNC’s political system, including the distribution of powers among the executive, legislative, and judicial branches. These structures are critical in understanding the democratic resilience and adaptability of a state operating under international ambiguity. This research also considers the broader implications of de facto statehood on democratic practices, contributing to ongoing discussions in international relations and political science. It addresses the ways in which de facto states like the TRNC strive to demonstrate democratic legitimacy to bolster claims of sovereignty, often adopting reforms to align with international democratic standards. By providing a comprehensive case study of the TRNC, the paper offers valuable insights into the intersection of governance, sovereignty, and democracy. It underscores the challenges faced by de facto states in fostering democratic norms while navigating the constraints imposed by limited recognition and external dependencies. Ultimately, this study contributes to a nuanced understanding of how democracy can be practiced and sustained in contexts where statehood itself is contested, offering lessons for broader applications in international governance and conflict resolution.

Does majority support for minority rights impact perceived norms and psychological well‐being? An application to the LGBTIQ+ context

Does majority support for minority rights impact perceived norms and psychological well‐being? An application to the <scp>LGBTIQ</scp>+ context

A nemzetiszocialista népcsoportjog mint kihívás a magyar kisebbségpolitika számára

After the First World War, the international system of minority protection offered a welcome opportunity for Hungarian governments to demand the rights of numerically significant Hungarian minority groups from neighbouring states beyond the new borders, while at the same time applying a different standard to the domestic nationalities, which were less significant in number but still considered to be assimilated, including the Germans in the first place. Hungarian ethnopolitics was therefore faced with an extraordinary challenge from the collective approach to the so-called Volksgruppenrecht that was becoming increasingly established in Germany, which denied equality between minority and majority members and thus the ability to integrate, since this was considered impossible in view of the marked ethnic differences. The Volksgruppenrecht aroused keen interest and reaction from Hungarian minority rights theorists, who saw it as a threat to Hungarian ethnopolitics and sought to emphasise its inapplicability and invalidity in Hungary. This discourse was significantly linked to the Institute for Minority Research at the University of Pécs and to its director, Ferenc Faluhelyi, who had extensive German connections. This network of contacts not only provided an opportunity to make the Hungarian perspective known in Germany, but also to follow and react to all the developments of the discourse in Germany. This polemic reached its climax with the so-called Vienna Agreement on Ethnic Groups in 1940.

FATWAS ON RELIGIOUS PLURALISM IN MALAYSIA: A LITERATURE REVIEW OF ISLAMIC LEGAL PERSPECTIVES

Religious pluralism in Malaysia is a contentious issue, particularly when viewed through the lens of Islamic legal perspectives and fatwas. The dual legal system, which integrates common law and Islamic law (sharia), creates a complex environment where religious freedom, state authority, and minority rights are continually negotiated. Fatwas, or Islamic legal opinions, play a pivotal role in shaping this discourse, often influencing legal frameworks, social practices, and interfaith relations. However, the implementation of fatwas has sparked significant controversy, particularly regarding their impact on minority Muslim groups, such as the Shi’a community, and their implications for religious governance and societal cohesion. This study aims to review the content and legal standing of fatwas related to religious pluralism in Malaysia and the historical and ideological underpinnings that inform the issuance of these fatwas. Specifically, it seeks To assess the impact of fatwas on interfaith relations, religious governance, and legal pluralism. Employing a systematic and data-driven methodology, articles, conference papers, and book chapters published between 2010 and 2023 was conducted. Thematic analysis was employed to synthesize data, identifying recurring patterns and emerging insights. Key findings reveal that fatwas serve as both regulatory tools and ideological instruments, reflecting tensions between maintaining religious orthodoxy and accommodating pluralistic values. While they contribute to legal clarity in some contexts, their rigid application often exacerbates societal divisions. The study underscores the need for greater inclusivity and adaptability in the issuance and implementation of fatwas, offering actionable recommendations for policymakers, religious authorities, and scholars. By fostering mutual respect and understanding, these insights can enhance Malaysia’s multicultural framework and promote sustainable coexistence.

5 - Uma longa ambiguidade

This text aims to address civil associations in Mozambique, focusing on Lambda, an organization founded in 2006, which fights for the defense and recognition of the rights of sexual minorities at the national level. Mozambique decriminalized homosexuality in 2014 and is cited as one of the few tolerant African contexts towards homosexuality. However, Lambda has had a legalisation process pending since 2006, a circumstance that signals an ambiguous stance on the government side towards sexual minorities. The researcher used a qualitative approach, relying on semi- structured interviews with key witnesses and the direct experience of the researcher. It was concluded that associations in Mozambique face major challenges. In the case of Lambda, such elements are even more pronounced, as members of sexual minorities lack acceptance from society and the government, including families who prefer to expel their members, rather than understand and accept their sexual orientation.

Understanding the Concept of ‘Ethnic Minorities’ in Ethiopia

ABSTRACTIn the past decades, ethnic relations in federal Ethiopia have become increasingly acrimonious. This situation is both a catalyst for and a consequence of multiple conflicts caused by or resulting in serious human rights violations, often disproportionately affecting persons belonging to non‐dominant or minority ethnic groups. This observation calls for more comprehensive protection of minority rights in Ethiopia. Yet, effective protection of minority rights requires an unambiguous definition of the minority concept, which is hitherto lacking in the Ethiopian legal framework. The absence of such a nation‐wide, federal conceptualization has left the identification of minorities and the grant of minority‐specific rights to the discretion of the regional states, which has engendered a differential legal (and practical) status among ethnic groups. In order to remedy this and allow for the consistent application of minority rights standards across the country, the paper suggests a conceptualization of the minority concept in Ethiopia.

"The Path to Equity: Constitutional Principles in Social Justice"

India’s Constitution, adopted in 1950, is a monumental document that guarantees fundamental rights and lays the foundation for achieving social justice in the country. Social justice in India refers to the equitable distribution of resources, opportunities, and treatment to all citizens, particularly marginalized groups. The Constitution’s commitment to social justice is reflected in its provisions for equality, affirmative action, and protections against discrimination based on caste, religion, gender, and other factors. Despite this constitutional framework, significant inequalities persist in Indian society. The Constitution’s role is not just to provide legal guarantees, but to foster societal transformation by implementing inclusive policies. This article examines the constitutional commitment to social justice in India, focusing on provisions that address inequality, such as affirmative action, reservation policies, and the protection of minority rights. It also highlights the challenges in translating these constitutional ideals into tangible outcomes and the ongoing efforts needed to achieve true equality. Through legal reforms, judicial interpretation, and active participation of marginalized communities, India continues to work toward addressing its deeply ingrained social inequalities.