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Abstract

The concept of the nation state – and specifically the tension between affirming solidarity among nation-state compatriots and respecting national minorities’ rights in order to preserve diversity and secure their autonomy – has been on the global agenda over the last two centuries, especially in Europe. In recent years, two cases, in Catalonia and in Israel – different in many respects but similar in others – serve as inspiring test cases for analysing questions of national identities and state cohesion. Both of these cases portray the dilemmas surrounding national identity in an allegedly dichotomic fashion, thus requiring a choice between independence and secession or unionism and assimilation. This article suggests that a dichotomic perspective is not compelling and that solidarity and autonomy are not necessarily contradictory. It explores the connection between solidarity and autonomy and applies the analysis to the case studies of Catalonia and Israel separately, given the unique characteristics of each case.

In: International Journal on Minority and Group Rights
Author: Craig Willis

Abstract

The Minority SafePack Initiative (mspi) calls for a pact between minorities and majorities in order to preserve, develop and promote the linguistic and cultural diversity in Europe resulting from the high number of national minorities inside the European Union. This article examines the theory behind universal basic income as well as two policy proposals on the EU level and how these overlap with the stated goals and broader aims of the mspi. Developing four core areas as assessment criteria, the article finds that Universal Basic Income (UBI) theory overlaps significantly in terms of potential impact on the capacity for living in homeland, learning in mother tongue, preservation and development of identity and culture, and aiming for equality. These potentially diminish if the basic income amount is not enough to meet basic needs, plus the narrative differs depending on the funding mechanism.

In: International Journal on Minority and Group Rights
Author: Nafees Ahmad

Artificial intelligence (ai) has created algorithmic-driven humanitarianism without ethics, justice, and morality. Current ai dynamics do not protect humanity and mitigate its sufferings in refugee status determination procedures and immigration decisions, raising a host of data privacy and confidentiality issues. Data from refugees, asylum–seekers and migrants and the stateless might be deployed and manipulated for geostrategic, geopolitical, geo-engineering, medico-research, socio-economic, and demographical purposes by international organisations and governments. ai lacks anthropogenic sensitivity, critical thinking, and human traits of subjectivity and objectivity. The author ruminates on these issues by examining the application of ai and assessing its impact on the global human rights norms. The author adopts a human rights-based approach while espousing the reprogramming of algorithmic humanitarianism within new ai technologies for sustainable artificial intelligence.

In: International Journal on Minority and Group Rights

The main objective of this article is to critically evaluate the compatibility of the ‘right to political participation’ of the Orang Asli by looking at international law standards. The present study utilises a qualitative socio-legal approach, which analyses the political participation of the Orang Asli under Malaysian law and determines whether the Aboriginal Peoples Act 1954 (apa) can provide for the protection, well-being, and the advancement of the Orang Asli. Arguably, the existing provisions of the apa are not in conformity with the recognition in undrip and in no way guarantee the Orang Asli’s right to self-determination as recognised by international law. Thus, the current study recommends an amendment to the apa and introduces guidelines to empower political participation of the Orang Asli by incorporating the principles of undrip. The amendment is necessary to ensure that the protection of the right to self-determination of the Orang Asli is compatible with international law standards.

In: International Journal on Minority and Group Rights

Abstract

Self-determination for Aboriginal people in Australia has been a long sought after yet difficult objective to reach. The recently concluded Noongar Settlement in the state of Western Australia opens new opportunities and could potentially set a new benchmark for non-territorial autonomy and self-government for an Aboriginal community. The Noongar Settlement exceeds the more traditional settlements of a native title claim since it provides elaborate institutions for self-government albeit by way of private bodies corporate. The bodies corporate for the Noongar people would enable them to make and administer decisions; offer services; undertake management of public conservation areas; and advocate for the best interests of their community. This privatised form of self-government may not only provide new impetus to other land claim processes in Australia, it may also address the often-heard demands from Aboriginal people for a treaty to be entered into between themselves and the government of Australia.

In: International Journal on Minority and Group Rights

Abstract

Immigrants in the United States of America (usa) face challenges regarding the utilisation of healthcare services. Issues include difficulty to access healthcare services. Qualitative descriptive phenomenological design was used in the analysis. Data were collected using a semi-structured interview format with eight conveniently selected Eritrean immigrants living in Indianapolis. Data were analysed using Interpretive Phenomenological Analysis Framework for data analysis. The findings indicate that the cultural beliefs, socioeconomic status, immigration status of Eritrean emigrants and the policies related to financing healthcare services for migrants in Indianapolis have a huge impact on determining the utilisation of healthcare services by Eritrean immigrants in Indianapolis. It is concluded that there is limited access by Eritrean immigrants in Indianapolis to healthcare services. There is a need for policy revision regarding the financing of healthcare services for immigrants and the provision of services to improve access and accommodate cultural diversity.

In: International Journal on Minority and Group Rights

Abstract

Worldwide, 2.5 billion people today depend on lands managed through customary, community-based tenure systems. Although land and natural resources are recognised as essential elements for the realisation of many human rights, international human rights law does not recognise a human right to land, except for indigenous peoples. With the recent adoption of the UN Declaration on the Rights of Peasants and other people working in rural areas (undrop), the right to land is now recognised for new categories of rural workers. This article explores the governance of land and natural resources beyond the case of indigenous peoples’ rights. It argues that undrop contains key and mutually reinforcing elements of the human rights and collective action approaches to the governance of land and natural resources, and therefore has the potential to ensure the social and environmental ‘viability’ of the commons.

In: International Journal on Minority and Group Rights

Abstract

Hindu women’s limited right to inheritance in Bangladesh is a story of state-sponsored deprivation; a frustrating legacy of the political authority’s systematic indifference and failure in protecting minority women’s right to property for nearly half a century. Bangladesh, from its early decades, has experienced the resurgence of religion as one of the driving factors behind gender and minority-sensitive policy formulation and implementation. Under the veil of constitutional secularism, religion has become one of the most pervasive tools in the hands of the political authorities for methodical marginalisation of religious minority groups especially of Hindu community. Consequently, Bangladesh has failed to move forward with appropriate legislative measures for improving the present status of Hindu women’s right to property. This article argues that the underlying reasons behind such failure is intrinsically intertwined with power-centric electoral politics rather than normative socio-religious practices.

In: International Journal on Minority and Group Rights

Abstract

The aim of this article is to examine Turkey’s reservation to Article 27 of the International Covenant on Civil and Political Rights (iccpr) and to advance a plausible argument for its invalidity based upon the relevant secondary rules of international law.

In: International Journal on Minority and Group Rights

Abstract

Despite the constitutional and legislative guarantee to land in Uganda, customary land tenure seems to suffer from inadequate legal protection, a situation that is analogous to that in the colonial and the immediate post-independence era. This article critically examines the normative content of the constitutional and legislative right to land in Uganda and argues that the customary land right is not adequately protected as the other categories of land tenure, in which land is owned and legally recognised in Uganda. It also serves to illustrate that the inadequate protection of customary land rights is analogous to the situation in the colonial and immediate post-independence era, and that weak customary land rights could be susceptible to the occupants’ deprivation during land grabbing. There is a need to address this situation in order to holistically ensure and promote an effective land governance regime that respects and protect customary land tenure.

In: International Journal on Minority and Group Rights