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In: International Journal on Minority and Group Rights

Abstract

Bangladesh is currently hosting nearly a million Rohingya refugees from Myanmar and more than half of the refugee population comprises women. In Myanmar, due to the government-imposed securitization and relatively conservative culture, Rohingya women were not able to enjoy their rights and freedom and were mainly confined to their homes. Upon arriving in Bangladesh, they are facing additional challenges. This article aims to find the underlying causes that alienated women from enjoying their rights and whether the life of the Rohingya women has improved or not in Bangladesh. This article shows that, due to the lack of a women-friendly environment inside camps, gender norms and malpractices, breakdown of family ties, and increased number of gender-based violence against women, they are more vulnerable than ever. This paper argued that humanitarian organization and the government should promote gender mainstreaming towards bringing refugee women into the community decision-making process along with raising awareness among the Rohingya community.

In: International Journal on Minority and Group Rights

Abstract

The uniquely novel constitutional setting in Bolivia establishes the recognition of indigenous collective rights, indigenous jurisdictions, and indigenous institutions. However, many indigenous groups are uncomfortable with this judicial machinery, which portrays them as vulnerable groups before the legal system. This article highlights the Bolivian indigenous groups’ dissatisfaction and proposes a conceptual framework to address the apparent legal inequality from a socio-legal approach.

In: International Journal on Minority and Group Rights

Abstract

Although Afghanistan is predominantly a Muslim country, the Christian faith has found adherents in the country. Prior to building a church the community gathered in a designated house to practice their faith. After a church was established members of the community, Christian expatriates and members of the diplomatic community attended religious services there. The number of Muslim converts grew over time and each had a mission to convert fellow friends to the faith. Muslim converts were careful not to disclose their faith to anyone unless they had full trust in that person knowing that he will not disclose their identity even if they did not embrace the faith. The situation of the Christian community improved somewhat during the constitutional monarchy (1963–1973) as the 1964 Constitution allowed freedom of expression and of association, etc. The community remained quiet and exercised caution in practicing their faith during the republic an regime (1973–1978). Political repression after the establishment of the pro-Soviet regime in April 1978 and subsequent Soviet invasion (December 1979-February 1989) caused a number of Christians to leave to the safety of Pakistan and India trying to seek asylum to countries in the West. In exile, Muslim converts become active in organizing themselves and propagating the faith through translation of Christian literature to the Persian language and making them available to their fellow countrymen.

In: International Journal on Minority and Group Rights

Abstract

This article analyses the impact of covid-19 on the rights of indigenous peoples, particularly in Brazil. It deals with the current situation of the Brazilian indigenous peoples, the impacts of the pandemic, the rights created on the adoption of protective sanitary measures for indigenous people and land rights in Brazil. Does the Brazilian government comply with international law, with constitutional rights of indigenous peoples in the current covid-19 crisis, particularly with the Brazilian Supreme Court decision on the adoption of protective sanitary measures for indigenous people? With a focus on the 2020 Report of the Special Rapporteur on the Rights of Indigenous Peoples, this paper will identify and examine the gaps in protection of the indigenous peoples rights by reason of the impact of the covid-19 crisis. This paper argues that the crisis is misused as an occasion for land invasions, deforestation, forest fires and the denial of basic indigenous rights. Especially in Brazil, a transformative change, an emergency support for indigenous peoples, and a still stand agreement on logging and extractive industries operating next to indigenous communities are needed. Brazilian ngo statements give guidelines as to how to manage the threats of the present pandemic on indigenous peoples of Brazil. The Inter-American Commission on Human Rights, the United Nations and the International Labour Organisation all offer further relevant suggestions as to how to address the serious impacts in the response to and the aftermath of this crisis.

In: International Journal on Minority and Group Rights

Abstract

This article focuses on the role that National Human Rights Institutions play in guaranteeing access to justice for national minorities. Based on the osce hcnm Graz Recommendations on Access to Justice and National Minorities, this study aims at identifying commons issues and good practices by comparing rules and practices concerning minority representation in nhris, nhris’ focus on national minority issues, and nhris’ role in providing access to justice for national minorities. Separate subsections cover collective-groups’ complaints and the relevance of groups during investigations; regional offices; and websites, languages, and online complaints. The conclusion highlights that protecting access to justice for national minorities entails both more ‘focus’ and ‘access’. More focus should be guaranteed by relevant legislation and nhris’ annual reports through separate chapters or sections on minorities. More access includes minority representation in nhris, regional offices, groups’ complaints, multilingual and easy-to-access websites, as well as online tools for complaints.

In: International Journal on Minority and Group Rights
In: Military Necessity in International Cultural Heritage Law
In: Military Necessity in International Cultural Heritage Law
In: Military Necessity in International Cultural Heritage Law