RECOGNITION OF THE POLITICAL RIGHTS OF ETHNIC MINORITIES IN EUROPEAN COUNTRIES
DOI:
https://doi.org/10.22478/ufpb.2179-7137.2019v8n6.49390Palavras-chave:
ethnic group, ethnic minorities, ethnopolitology, ethnic politics, ethnic law.Resumo
This paper discusses the features of the political rights of ethnic minorities in individual European states. The relevance of the study is due to the fact that this institution is undergoing its transformation. In connection with this fact, object of research in the paper is the analysis of individual international and constitutional acts. The emphasis on ethnic minorities in revealing the essence of political rights is by no means accidental. Legislative registration as a state recognition of the rights of ethnic minorities is a prerequisite for combating discrimination and, at the same time, protecting small groups of people. Therefore, the policy in the field of these rights is a socially significant reality recognized today by the international community. It is the result of ethnosocial consensus. The assertion that the political rights of ethnic minorities are universally recognized is often accompanied by arguments based on modern international norms. But when referring to the main international acts, this issue does not look as clear as it is presented in a number of scientific studies. It does not at all follow from these international acts that these rights belong only to ethnic groups. The term “people” is interpreted as a community of citizens residing both in independent states and in dependent territories. Thus, it is not entirely clear whether a particular European state is obliged to exercise these rights in relation to a single ethnic group, since these international documents do not directly contain such an obligation.Downloads
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Referências
McDonald L.E. “Collective rights as constitutional rights”. York University (Canada), 1998. p. 16.
Holder C.L., Corntassel J.J. “Indigenous people and multicultural citizenship: bridging collective and individual rights”, Human Rights Quarterly, vol. 24, № 1, pp. 126-151, 2002.
Sanders D. “Collective rights”, Human Rights Quarterly, vol. 13, pp. 368-386, 1991.
Tarbastaeva I. S. “Collective Rights of Ethnic Communities: Problems of Conceptualization”, Siberian Philosophical Journal, vol. 14, No. 1, pp. 106-119, 2016.
Mirskaya T. I. “On the concept of collective rights”, State and Law, No. 11, pp. 95-100, 2015.
MacDowell EG “Juridical action for the protection of collective rights and its legal impact: a case study”, Journal of Law, Medicine and Ethics, vol. 30, No. 4, p. 644, 2002.
Peck A. “Standing for protection of collective rights in the European Communities”, George Washington International Law Review, vol. 32, No. 3, p. 367, 2000.
Thompson R.H. “Ethnic minorities and the case for collective rights”, American Anthropologist, vol. 99, No. 4, pp. 786-798, 1997.
Ketley H. “Exclusion by definition: access to international tribunals for the enforcement of the collective rights of indigenous peoples”, International Journal on Minority and Group Rights, vol. 8, No. 4, pp. 331-368, 2001.
Guelke A. “Ethnic rights and majority rule: the case of South Africa ”, International Political Science Review, vol. 13, No. 4, pp. 415-432, 1992.
Martynova M. Yu. , Kabitsky M. E. “Minority Europe - Minorities in Europe: Ethnocultural, Religious, and Linguistic Groups”, Moscow: Institute of Ethnology and Anthropology. N. N. Miklouho-Maclay RAS, 2016, 302 p.
Majstorovic S. “Politicized ethnicity: a subjective framework”, University of Colorado at Boulder, 1993, P. 62
Holder C.L., Corntassel J.J. “Indigenous people and multicultural citizenship: bridging collective and individual rights”, Human Rights Quarterly, vol. 24, № 1, pp. 126-151, 2002.
Sanders D. “Collective rights”, Human Rights Quarterly, vol. 13, pp. 368-386, 1991.
Tarbastaeva I. S. “Collective Rights of Ethnic Communities: Problems of Conceptualization”, Siberian Philosophical Journal, vol. 14, No. 1, pp. 106-119, 2016.
Mirskaya T. I. “On the concept of collective rights”, State and Law, No. 11, pp. 95-100, 2015.
MacDowell EG “Juridical action for the protection of collective rights and its legal impact: a case study”, Journal of Law, Medicine and Ethics, vol. 30, No. 4, p. 644, 2002.
Peck A. “Standing for protection of collective rights in the European Communities”, George Washington International Law Review, vol. 32, No. 3, p. 367, 2000.
Thompson R.H. “Ethnic minorities and the case for collective rights”, American Anthropologist, vol. 99, No. 4, pp. 786-798, 1997.
Ketley H. “Exclusion by definition: access to international tribunals for the enforcement of the collective rights of indigenous peoples”, International Journal on Minority and Group Rights, vol. 8, No. 4, pp. 331-368, 2001.
Guelke A. “Ethnic rights and majority rule: the case of South Africa ”, International Political Science Review, vol. 13, No. 4, pp. 415-432, 1992.
Martynova M. Yu. , Kabitsky M. E. “Minority Europe - Minorities in Europe: Ethnocultural, Religious, and Linguistic Groups”, Moscow: Institute of Ethnology and Anthropology. N. N. Miklouho-Maclay RAS, 2016, 302 p.
Majstorovic S. “Politicized ethnicity: a subjective framework”, University of Colorado at Boulder, 1993, P. 62
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Publicado
2019-11-27
Como Citar
I. IGONIN, D. .; F. GARIPOV, R. . RECOGNITION OF THE POLITICAL RIGHTS OF ETHNIC MINORITIES IN EUROPEAN COUNTRIES. Gênero & Direito, [S. l.], v. 8, n. 6, 2019. DOI: 10.22478/ufpb.2179-7137.2019v8n6.49390. Disponível em: https://periodicos.ufpb.br/ojs/index.php/ged/article/view/49390. Acesso em: 26 dez. 2024.
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