Ethno-Cultural Diversity and Human Rights

Challenges and Critiques

Series:

What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.
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Biographical Note

Gaetano Pentassuglia, PhD, is a Reader in International Law at the University of Liverpool. A renowned scholar, he is the author of Minorities in International Law (Council of Europe Publishing, 2002) and Minority Groups and Judicial Discourse in International Law: A Comparative Perspective (Brill/Nijhoff, 2009), among several others. He has contributed widely to the field as a professor, writer, editor, and lecturer.

Table of contents

Preface
List of Contributors
Introduction: The Unpacking of Ethno-Cultural Diversity
Gaetano Pentassuglia
Part I. Ethno-Cultural Diversity and Collective Interests
1 Collective and Group-Specific: Can the Rights of Ethno-Cultural Minorities be Human Rights?
Peter Jones
2 Why Majority Rights Matter in the Context of Ethno-Cultural Diversity: The Interlinkage of Minority Rights, Indigenous Rights, and Majority Rights
Dwight Newman
3 The Liberal Democratic Deficit in Minority Representation: The Case of Spain
Lucía Payero-López and Ephraim Nimni
Part II. Ethno-Cultural Diversity and the International Legal System
4 Do Human Rights Have Anything to Say about Group Autonomy?
Gaetano Pentassuglia
5 International Law, Ethno-Cultural Diversity and Indigenous Peoples’ Rights: A Postcolonial Approach
Felipe Gómez Isa
6 Indigenous Peoples and Intergenerational Equity as an Emerging Aspect of Ethno-Cultural Diversity in International Law
Malgosia Fitzmaurice
Part III. Ethno-Cultural Diversity, Migration, and Intersectionality
7 Ethno-Cultural Diversity and Human Rights in an Era of Mass Migration: Human Rights Issues in the Balance between Separate Provision and Integration for Settled Immigrant Communities
Tom Hadden
8 Minorities-within-Minorities Frameworks, Intersectionality and Human Rights: Overlapping Concerns or Ships Passing in the Night?
Dolores Morondo Taramundi
Part IV. Ethno-Cultural Diversity, Conflict, and Peacebuilding
9 Ethno-Cultural Diversity and Conflict: What Contribution Can Group Rights Make?
Chris Chapman
10 The Post-Conflict Security Dilemma and the Incorporation of Ethno-Cultural Diversity
Padraig McAuliffe
Index

Readership

All students, scholars, and policy-makers concerned with ethno-cultural diversity and human rights, international law, moral, legal and political theory, as well as migration, conflict and peacebuilding studies.