On Cultural Rights: The Equality of Nations and the Minority Legal Tradition

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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Biographical Note

William K. Barth, DPhil (2007) University of Oxford, is Associate Fellow at the University's Rothermere American Institute.

Table of contents

Section I. The Minority Legal Tradition: 1. On Cultural Rights: Introduction, Research Methodology, and Literature Review; Section II. History of the Minority Regime: 2. History of the Minority Question; 3. Minority Protection in the Era of Human Rights; Section III – Minority Group Case Studies: 4. The Minority Regime and the Aboriginal Peoples of Canada; 5. Minority Rights and the Roma of Europe; Section IV. Conclusions: 6. Conclusion; Bibliography; Appendix; Charts; Examples of Cultural Protection; Aboriginal-Canadian Groups;Canadian Residential Schools;Illustration of Bill C-31; Europe’s Roma Population; Romani Lexical Comparisons; Roma Poverty Rates; Roma Household Characteristics;
Table of Abbreviations.

Readership

For researchers, jurists, students, and readers as well as governments, non-profit organisations, and NGO’s interested in the poltical theory of multiculturalism or minority protection as a subject within international law.

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