Browse results

You are looking at 1 - 10 of 195 items for :

  • Minority & Group Rights x
  • Upcoming Publications x
  • Just Published x
  • Access: Open Access x
  • Search level: All x
Clear All

Abstract

This article explores the extent of state regulation in aided minority educational institutions. It analyses the decision in the Sk. Md. Rafiq, which goes contrary to the settled law of limited state interference. In matters of selection and appointment of teachers, the state can prescribe only certain criteria to achieve ‘educational excellence’ in the ‘national interest’. However, the impugned statutory provisions have virtually eroded the autonomy that the management board of the institution hitherto enjoyed. The ripples of this decision are far-reaching, given this unprecedented judicial affirmation of virtually unbridled state intervention. State control is necessary to ensure that such institutions maintain basic standards in imparting education. It cannot pave the way for a situation where the board is bound by state recommendations. A moderate state role in such institutions is essential for the preservation of the minority character of institutions under Article 30(1) of the Indian Constitution.

Open Access
In: International Journal on Minority and Group Rights

Abstract

This article explores women’s aspirations during different stages of seeking asylum and settling in Norway and how their aspirations were influenced by each stage’s characteristics and circumstances. Two ethnographic fieldwork phases involved following nine women during approximately one and a half years through the asylum process and the early stages of settlement in Norway (2017–2019). The data show that while living in an asylum centre, the women’s narratives about their aspirations were permeated primarily by their uncertain circumstances. After settling in the municipalities, they began to encounter multiple limitations to their aspirations, which led them to become demotivated and eventually readjust their aspirations. This article shows the effects that the experience of being an asylum seeker and that of resettling in a new country has on people’s aspirations and motivation, something which can in turn have an influence on how they decide to incorporate into the new society.

Open Access
In: International Journal on Minority and Group Rights
Author:

Abstract

Thailand is a coastal State, and the plight of Rohingya boat refugees from Myanmar is an ongoing issue there. However, Thailand has no refugee laws and the State is also a non-State party to the 1951 Refugee Convention. Refugee issues are being treated under ad hoc decisions in Thailand; therefore, refugees have no legal status there, they are treated as illegal immigrants. Moreover, being a coastal State, Thailand rigorously controls its seas. However, Thailand signed on to core international human rights instruments which ensure protection from torture, including their guarantee of civil and political rights to all individuals within its territory. As a State-party to international maritime laws, Thailand also has obligations to assist any person at sea. Against this background, this article examines the challenges of refugee protection in Thailand, where special focus is given to the Rohingya boat refugees within an examination of its maritime laws. In conclusion, it suggests a solution for refugee protection in Thailand under the existing regime. While particular literature on the Rohingya boat refugees in Thailand is very limited, it is expected that the article will fill the gap in existing literature regarding the boat refugee issue in Thailand.

Open Access
In: International Journal on Minority and Group Rights
Author:

Abstract

During the early years (1979–1982) following the 1979 revolution, because of the prevalence of a traditional society, religion was politically more functional. Religious discourse became hegemonic and most groups, including secularists, were forced to use such a discourse to promote their politics. The Persian politicians used Islam to make Perso-Iranian nationalism dominant over others, while non-Persian politicians appealed to it to gain their ethno-national rights. Using Qualitative Content Analysis to analyse the scattered texts of speeches, interviews, messages of the Persian and Kurdish leaders published in different publications at the time (which are available in some archives and databases), this article describes how they use religion in their confrontations. The findings show both marginalisation and resistance against it appealing to Islamic discourse. Ignoring those parts of Islam that are not in their interest, the Persian nationalists use Islamic brotherhood and unity to reinforce Islamic identity over Kurdish identity in order to marginalise the Kurdish nationalist movement, as well as to mobilise ordinary people against the Kurdish forces. Conversely, the Kurdish nationalists resist, and demand equality as Muslim brethren. In this regard, while religion has uniting, mobilizing and legitimating functions for the Persian government, enabling it to pursue nationalistic aims and to justify relevant measures, it also partly has a legitimating one for the Kurdish opposition.

Open Access
In: International Journal on Minority and Group Rights
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.

Abstract

This article explores how the Supreme Court of India, in applying the judicial doctrine of ‘essential practices’, has embarked on a dangerous exercise of determining whether a particular religious practice is significant enough to warrant constitutional protection under Article 25(1) or not. In tracing a string of judgments, it shows how courts have been guilty of making ill-founded observations about the validity of religious practices, thereby detrimentally affecting religious groups and minorities. Due to this constitutional transgression, the question of ‘what is essentially religious’ turned into the question of ‘what is essential in religion’. The court has neither the right nor the expertise to decide if the religious practice indeed is ‘essential’. State intervention is warranted only based on constitutionally stipulated restrictions of ‘public order’, ‘morality’ and ‘health’. The cardinal rule ought to be of limited state intervention but maximum protection.

Open Access
In: International Journal on Minority and Group Rights
Author:

Abstract

In this chapter, I consider some implications of the narrative framing the COVID-19 pandemic as an international peace and security issue, which can be seen as the epitome of crisis narratives. If ‘war talk’, as other crisis discourses, allows for a simplified normative agenda, what gets elided in such accounts of the pandemic? What does this exclusion tell us about international law and lawyers? Using the concept of structural violence, I shed light on the socio-economic-ecologic violence that pre-exist and persist beyond the COVID-19 ‘crisis’ and that the vocabulary of war/insecurity conceals. Further, I argue that the narrative framing the virus as the ‘enemy’, obscures the complex interconnection between humanity, economy, and ecology. In reproducing this separation, international law shows a myopic attitude to the root causes of the pandemic, which are the same of the ecological breakdown: exploitation of fellow humans and nature.

Open Access
In: Crisis Narratives in International Law
Author:

Abstract

International legal scholarship dedicated to COVID-19 has been largely limited to descriptions of relevant legal instruments and possible remedies offered by the latter. A characteristic common to most contributions has been the remarkable lack of anything that could be described as ‘intellectual’ if one means by ‘intellectual’ the quality of a work that furthers one’s understanding beyond what should be obvious to any decently trained international legal professional capable of competently reading and interpreting legal materials. The objective of this short essay is to reflect on some conditions that make this reality possible or even unavoidable and conclude with a proposition.

Open Access
In: Crisis Narratives in International Law
Author:

Abstract

The paper recalls that an infectious disease such as Covid-19 hits with disproportionate negative effects the poorer populations and thus exacerbates the wealth and income gap inside and across states. As previous diseases, the pandemic is both a driver and an outcome of international relations. Against the background that the foundations of international law have been laid by infecting the “others”, and that notably zoonoses have stimulated institution-building on the international plane, it is not out of the question that the Covid-19 pandemic will trigger developments in international law. The normative proposal is to modify and operationalise the so-far underdeveloped One Health approach, informed by the international constitutional principle of solidarity.

Open Access
In: Crisis Narratives in International Law

Abstract

One of the most disadvantage groups in relation to pandemic crisis are indigenous peoples. Their vulnerabilities are placing them in a particularly sensitive as exposure to the disease appears to be situating them at risk of increased mortality, as well as more severe symptoms Indeed, indigenous groups appear to specially vulnerable, and scholars have raised the alarm over the need to take special mitigating measures with regard to the impact of the pandemic on specific communities. Diverse but often compounding factors appear to be relevant in driving this undesirable outcome for many communities. Biological characteristics appear to play a part, although they are not always the key factor, with socio-economic causes also driving this trend. Elevated rates of transmission are also due to conditions of poverty in which many of these communities are forced to live. Poor housing quality and sanitation, crowding, weaker infrastructures, and other effects of reduced economic security result in a diminished capacity for adaptability when confronted with the social and economic restrictions typically imposed as part of official responses to coronavirus. There is evidence that Covid-19 has had a particularly negative impact in regions predominantly inhabited by indigenous populations, where health systems were fragile and may have collapsed, leaving vulnerable populations in unprecedented state of exposure and risk.

Open Access
In: Crisis Narratives in International Law