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Janneke Gerards

In this study, an assessment model is developed to guide courts in deciding equal treatment cases. Such a model appears to be indispensable, since relevant equality provisions often do not offer much guidance as to the assessment of unequal treatment. This lack of guidance may lead to diverging approaches and outcomes, which is undesirable from the perspective of equality and legal certainty. The use of the assessment model developed in this study will improve judicial reasoning and enhance the legitimacy of equal treatment case law.
The general assessment model developed in this study is based on theoretical research after the standards that should be used in assessing cases against the principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is the design of an assessment model that is both theoretically sound and workable in practice.

The Dutch edition of this book has been awarded with the Erasmus Study Prize 2003, the Max van der Stoel Human Rights Prize and the Constitutional Law Prize.

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Edited by European Centre for Minority Issues and The European Academy Bozen/Bolzano

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles and, in 2003/4, features two special focus sections on The Impact of Islam in Europe and Economic Participation of Minorities.
Part II reviews the implementation of minority legislation and international standards at the universal and regional levels as well as new developments in relation to them and contains a list of international norms.
Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organisations.

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Li-Ann Thio

Minority protection is integral to a civilised standard of internal good governance. The goal of promoting friendly inter-group relations within states highlights the linkages between constitutionalism and the extending reach of international law in shaping domestic governance and structuring relations between the state, non-state communities and individuals. While law per se cannot guarantee the security and integrity of minority groups, law and legal institutions play a role in promoting a tolerant and pluralistic environment and a multicultural ethos that appreciates, rather than resents, ethno-cultural diversity. This book is a comprehensive, modern study of the important field of international protection of minority rights, focusing on 20th century developments. Minority rights regimes, which address the issue of group identity and autonomy, have essentially been a stabilising force, buttressing state survivability in the face of claims to self-determination or secession. These serve to promote the peaceful co-existence of distinct ethno-cultural groups, captured by the metaphor of ‘Babel’, within existing states. Despite overlaps, the content of minority protection is more modest than the claim of indigenous groups for collective rights or peoples’ rights to self-determination. As part of the contemporary corpus of human rights norms, minority protection may be appreciated as an aspect of the evolving content of the ‘internal’ dimension of the right to self-determination. Chapter 1 introduces some key definitional and conceptual problems in the field of minority protection and presents a brief historical review of international approaches up to 1919. Chapter 2 discusses the League of Nations era. Chapter 3 examines approaches towards minority protection after World War Two as reflected in the drafting of the United Nations Charter and efforts to protect minorities outside the UN regime. In this period, discussed in Chapters 4 and 5, minorities' issues remained largely submerged within the UN project of promoting universal individual human rights. Chapter 6 addresses the post-1989 revival in minorities' issues within the UN; Chapter 7 offers a succinct overview of what might be considered a parallel history with respect to the development of regional human rights schemes and what these afford to minority protection, closing with concluding observations.
Meticulously researched, this volume offers a valuable synthesis of this important but often heart-breaking field.

Cynthia Price-Cohen

December 2004 marked the end of the International Decade of the World’s Indigenous Peoples. The Decade, and the UN Working Group on Indigenous Populations, has brought enormous international attention to the situation of Indigenous People. Developing Rights of Indigenous Children is being published now to give interested readers and human rights advocates a valuable insider’s view of the recent dramatic accomplishments in this rapidly-evolving field.

The book is a collection of essays that are divided into four sections: Background (covering treaties, -- such as the Convention on the Rights of the Child , national legislation and tribal law); Important Indigenous Child Issues,(including cultural identity, land rights and health); Regional Indigenous Child Issues (which includes chapters about the issues concerning indigenous children in specific geographic areas, such as Alaska and Venezuela ); and Voices of Youth (with essays by indigenous young people who give their views about their present circumstances and hopes for the future),

The book’s authors are all recognized authorities on indigenous issues and children’s rights and include such luminaries as Jaap Doek (Chairperson of the Committee on the Rights of the Child – which monitors the UN Convention on the Rights of the Child) and Wilton Littlechild (Rapporteur for the UN Permanent Forum on Indigenous Issues). The editors, Cynthia Price Cohen and Philip Cook have been at the forefront of the indigenous child rights movement and are recognized authorities on Indigenous children’s rights.

Developing Rights of Indigenous Children is timely, informative and fascinating, a must-read for anyone interested in knowing more about indigenous issues and indigenous children in particular.



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Edited by Joshua Castellino and Niamh Walsh

This volume, a collection of essays by a variety of scholars in the field of indigenous rights, originates from the Irish Centre for Human Rights at the National University of Ireland in Galway. It highlights those instances in the work of international organizations where advances have been made concerning indigenous rights. It also devotes attention to the Permanent Forum on Indigenous Issues, to the Committee on the Elimination of Racial Discrimination, and to a number of thematic issues in the field. The human rights situations facing indigenous peoples in Australia, Bangladesh, Canada, India, Kenya, Mexico, Nicaragua, Nigeria and South Africa are dealt with in separate chapters. These surveys show a range of reactions to the multiple problems of discrimination, or lack of proper responses, as far as domestic legislation, national implementation of the laws, and national compliance with the applicable international standards are concerned.

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Edited by Richard Potz and René Kuppe

The Law & Anthropology Yearbook brings together a collection of studies that discuss legal problems raised by cultural differences between people and the law to which they are subject. Volume 12 contains articles dealing with the topic of Indigenous Peoples, Constitutional States, and Treaties or Other Constructive Arrangements between Peoples and States. This volume is the last one in the series.

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Edited by Zelim Skurbaty

The beginning of the 21st century is characterized by global structural changes and worldwide concern for the problems surrounding the relationships between states and minority groups. Autonomy has become a code word for an all-purpose means of inclusion of sub-state groups in the three major functions that make for the essence of international law: the allocation of competence, the furtherance of common interest and the maintenance of international peace.
Since to be autonomous is to be a law to oneself, and autonomous agents are self-governing agents, the authors of this present volume try give an answer – each from a particular professional perspective- to one overriding question: what conditions must be met in order to ensure that the autonomous agents govern themselves, and govern effectively.
With a scholarly attention to analytical precision, factual accuracy, and scrupulous objectivity the authors of the present volume – coming from such diverse fields as international law, philosophy, ethics, economics, political science, - detail and explore the protean character of autonomy as both a concept (autonomy's subtypes, autonomy vs. other arrangements for the diffusion of power within heterogeneous societies, new definitions of the concept, etc.) and a practice (the potential of autonomy in the peaceful resolution of ethnic conflicts; comparative case studies, ranging from Greenland to Eritrea, from the Baltic States to South Asia).
For all their differences in background and style, the authors share the common belief that autonomy, if properly understood and applied, holds considerable potential for ensuring an effective and harmonious co-existence for diverse groups within modern states. As such this book will hold particular appeal for all those (students, academics, policymakers, practitioners) who are on a quest for empowering insights vis-à-vis state-minority modus vivendi and ways to mitigate inter-group tensions by compromise.

Minorities, Peoples and Self-Determination

Essays in Honour of Patrick Thornberry

Edited by Nazila Ghanea-Hercock and Alexandra Xanthaki

The present volume, in honour of Professor Patrick Thornberry, presents new thinking on minority and indigenous rights in international law. Contributors to this 17 chapter volume include an impressive range of academics, thinkers, practitioners and international civil servants with a number of different approaches to this complex area. Not all of them take a legal approach, and this exploration benefits from the variety of frameworks utilised in contributing to the controversial area of minority and indigenous rights.
Debates that receive attention in this volume include self-determination, definitional issues, collective rights and rights to natural resources. Other chapters unravel challenges that have not attracted sufficient attention to date, such as multiculturalism, integration, colour as a ground for discrimination and the economic and social rights of minorities. The volume also looks critically at the work of the World Bank, the African Union, the Council of Europe and the OSCE in this arena. Finally, case studies highlight the regrettable similarities in the suffering of groups in different parts of the world as well as the stark contrast between state claims and their actual practice.
The contributors are: Gudmundur Alfredsson, Michael Banton, Joshua Castellino, Erica‑lrene A. Daes, María-Amor Estébanez, Nazila Ghanea, Geoff Gilbert, Bülent Gökay, Tom Hadden, Dominic McGoldrick, Timothy Murithi, John Packer, Chandra K. Roy, Malcolm N. Shaw, Martin Scheinin, Sia Spiliopoulou Åkermark, and Alexandra Xanthaki.

Edited by Tore Lindholm, W.Cole Durham Jr. and Bahia Tahzib-Lie

As the world enters the 21st Century, the challenges in implementing freedom of religion or belief grow more complex and more acute. How can the internationally recognized norms regarding freedom of religion or belief be meaningful for all – women and men, majorities and minorities, established religions and new religious movements, parents and children? How can tolerance, mutual respect and understanding be globally expanded? How does freedom of religion or belief relate to other human rights?
Launched by the Oslo Coalition on Freedom of Religion or Belief, this deskbook anthology is designed as a single-volume resource for all who are concerned with facilitating improved global compliance with international standards in this vital area.
The varied and diverse topics addressed by over fifty global experts in the field provide a rich weave of many threads. The book addresses historical and philosophical background on religious human rights, applicable international norms and the international procedural mechanisms for safeguarding these norms. It surveys central areas of controversy, including registration of religious and belief organizations, emerging debates on religion and gender, parental and children’s rights, new religious movements, proselytism, and conscientious objection. Other chapters describe practical approaches to promoting tolerance and understanding through education, inter-religious dialogue, joint religious efforts addressing shared social problems, and conflict resolution initiatives. The volume also provides practical information regarding networking and other background issues that can help translate understanding of the applicable norms and procedures into action. Appendices provide texts of major international instruments on freedom of religion or belief.

Series:

Edited by European Centre for Minority Issues and The European Academy Bozen/Bolzano

The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe.
Part I contains scholarly articles and, in 2002/3, features two special focus sections (‘Belgium' and 'New Minorities’), accompanied by a miscellaneous articles section.
Part II reviews the implementation of minority legislation and international standards at the universal and regional levels as well as new developments in relation to them and contains a list of international norms.
Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook will be an indispensable reference tool for libraries, research institutes as well as governments and international organisations.