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Edited by Dia Anagnostou and Evangelia Psychogiopoulou

This volume explores the role of the ECtHR in protecting marginalised individuals and minorities. What factors and conditions have led growing numbers of such individuals and minorities to pursue their rights and freedoms in front of the ECtHR and how has the latter responded to these? Does the Convention and the jurisprudence of the Strasbourg Court enhance the protection of vulnerable groups at the national level and expand their rights? Or do they mainly tend to fill in relatively minor gaps or occasional lapses in national rights guarantees? Comprising a set of eight country-based case studies, this volume examines litigation on behalf of marginalised individuals and minorities, and the relevant ECtHR jurisprudence across the following countries: Austria, Bulgaria, Germany, Greece, France, Italy, Turkey and the UK.

Cultural Heritage Issues

The Legacy of Conquest, Colonization and Commerce

James A.R. Nafziger and Ann M. Nicgorski

The global community, dependent as always on the cooperation of nation states, is gradually learning to address the serious threats to the cultural heritage of our disparate but shared civilizations. The legacy of conquest, colonialization, and commerce looms large in defining and explaining these threats.
The essays contained in this challenging volume are based on papers presented at an international conference on cultural heritage issues that took place at Willamette University . The conference sought to generate fresh ideas about these cultural heritage issues; offer a good sense of their nuances and complexities; and reveal how culture, law, and ethics can interact, complement, diverge, and contradict one another. This book seeks to accomplish these purposes. What it explores is the fact that, allong with an emerging blend of adversarial and collaborative processes to address cultural heritage issues, has come a substantial broadening of the normative framework in recent years. This framework now spans a welter of issues ranging from the creation of cultural safety zones during armed conflict, to the ongoing rectification of genocidal conquest during the European Holocaust and World War II, to the treatment of shipwrecks and their cargo, to the protection of folklore and other intangibles, to the promotion of traditional knowledge in the interest of biological diversity. All of these topics are controversial, as are the legal instruments that incorporate them, but the issues they embrace are vital to us all, whether our viewpoint is in the global arena, a national legislature, a courtroom, a classroom, an archaeological site, or a museum.

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Gaetano Pentassuglia

Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies – particularly in the Americas, Africa and Europe – in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the group’s perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative – practical and theoretical – perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.

Edited by Yuwen Li and Jenny Goldschmidt

Employment discrimination is present in any society. However, this severe social problem has escalated in the post-Mao era in China. The imbalance between supply and demand in the labour market, combined with a lack of general consciousness regarding labour rights, have contributed to the swift spread of discrimination. This book contains the most recent research on the reality of discrimination in China, and advocates for effective employment equality protection through law and specialised equality institutions. The study of equal treatment in the legal systems of the EU illustrates the important contribution law, together with general policies, can make to the improvement of equality in employment. While both systems face a distinctive range and degree of problems, employment discrimination ought to be taken seriously in China and the countries of the EU.

The UN Convention on the Rights of Persons with Disabilities

European and Scandinavian Perspectives

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Edited by Oddný Mjöll Arnardóttir and Gerard Quinn

The International Convention on the Rights of Persons with Disabilities is the first human rights treaty adopted by the United Nations in the 21st century. It seeks to secure the equal and effective enjoyment of human rights for the estimated 650 million persons with disabilities in the world. It does so by tailoring gerneral human rights norms to their circumstances. It reflects and advances the shift away from welfare to rights in the context of disability. The Convention itself represents a mix between non-discrimination and other substantive human rights and gives practical effect to the idea that all human rights are indivisible and interdependent. This collection of essays examines these developments from the global, European and Scandinavian perspectives and the challenge of transposing its provisions into national law. It marks the coming of age of disabilty as a core human rights concern.

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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 2006/7, features two special focus sections on Crossborder Cooperation and Minorities in Eastern Europe and Diversity Managment and Integration.
Part II contains reports on the implementation of international instruments for the protection of minorities as well as new developments in relation to the legal protection of minorities at the national level.

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.

International Norms and Standards for the Protection of National Minorities

Bilateral and Multilateral Texts with Commentary

Björn Arp

A broad network of bilateral treaties for the protection of national minorities has been set up during the past fifteen years. They complement and further develop the Framework Convention for the Protection of National Minorities and other multilateral instruments. Some texts are genuine international treaties, while others are non-binding political documents. The present book brings all these texts together in a reliable English translation, which offers practitioners and researchers easy access to and supplies knowledge on the present state of development of the conventional and customary sources of law in this field. The introductory study helps further understanding of the legal character of the texts and explains how to work with these often complex and interrelated sources of law.

William Kurt Barth

This work addresses the question: how has the evolution of a legal regime within the United Nations and regional organisations influenced state behaviour regarding recognition of minority groups? The author assesses the implications of this regime for political theorists’ account of multiculturalism. This research bridges a gap between normative questions in political theory on multiculturalism and the international law on minorities. It does so by means of case studies of legal challenges involving two groups, namely, the Aboriginal peoples of Canada, and the Roma peoples in Europe. The author concludes by discussing the normative implications of the minority regime for helping to resolve conflicts that arise out of state treatment of minority groups.

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Lori Beaman and Peter Beyer

Canada officially prides itself on being a multicultural nation, welcoming people from all around the world, and enshrining that status in its Charter of Rights and Freedoms as well as in an array of laws and policies that aim to protect citizens from discrimination on various grounds, including race, cultural origin, sexual orientation, and religion. This volume explores the intersection of these diversities, foregrounding religion as the primary focus of analysis. Taking as their point of departure the contested meaning and implications of the term diversity, the various contributions address issues such as the power relations that diversity implies, the cultural context that limits the understanding and practical acceptance of religious diversity, and how Canada compares in these matters to other countries. Taken together the essays therefore elucidate the Canadian case while also having relevance for understanding this critical issue globally.

Property Rights, Indigenous People and the Developing World

Issues from Aboriginal Entitlement to Intellectual Ownership Rights

David Lea

This work offers an analysis of the Western formal system of private property and its moral justification and explains the relevance of the institution to particular current issues that face aboriginal peoples and the developing world. The subjects under study include broadly: aboriginal land claims; third world development; intellectual property rights and the relatively recent TRIPs agreement (Trade related Aspects of Intellectual Property Rights). Within these broad areas we highlight the following concerns: the maintenance of cultural integrity; group autonomy; economic benefit; access to health care; biodiversity; biopiracy and even the independence of the recently emerged third world nation states. Despite certain apparent advantages from embracing the Western institution of private ownership, the text explains that the Western institution of private property is undergoing a fundamental redefinition through the expansion