By Steven Wheatley
This paintings explores the contribution that foreign legislation may well make to the solution of tradition conflicts--political disputes among the contributors of alternative ethno-cultural groups--in democratic States. foreign legislations acknowledges that folks belonging to minorities have the precise to get pleasure from their very own tradition and peoples have the correct to self-determination with out detailing how those rules are to be implement. The emergence of democracy as a felony legal responsibility of States allows the foreign group to trouble itself with either the approach and substance of 'democratic' judgements pertaining to ethno-cultural teams.
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Extra info for Democracy, Minorities and International Law
The inclusion of ‘non-dominance’ in the definition of minorities denies racist minority governments, such as the apartheid regime in South Africa (1948 to 1990/1), any potential claim to legitimacy from the international instruments concerned with the protection of minorities. The rights of persons belonging to minorities form one part of the international human rights regime recognised in the International Covenant on Civil and Political Rights. 109 The systematic oppression and domination of the members of one group by those of another is not compatible with the International Covenant.
2/85, 27 December 1949, referred to in Josef Kunz, ‘The present status of international law for the protection of minorities’ (1954) 48 American Journal of International Law 282, 286. ), The protection of ethnic and linguistic minorities in Europe (Turku/Aº bo: Institute for Human Rights, Aº bo Akademi University, 1993), p. 23, at p. 45. In later writings, Packer makes clear that he is concerned with issues concerning human dignity and individual identity, and not all ‘minorities’ in a democratic State: John Packer, ‘Problems in defining minorities’, p.
76 Groups that regard themselves as indigenous peoples, such as the Sami and Maori, enjoy the protection of Article 27. Majority groups do not. 81 The definitions share a number of common criteria, which may provide a framework of analysis for the concept of ‘minority’: (1) the relevant group constitutes a numerical minority of the population; (2) its members are in a non-dominant position; (3) they are citizens of the State; (4) they are different from the rest of the population, and these 76 77 78 79 80 Ballantyne and Davidson, and McIntyre v.
Democracy, Minorities and International Law by Steven Wheatley