Synergies in Minority Protection - European and International Law Perspectives

HENRARD Kristin , DUNBAR Robert

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Summary

There has recently been a remarkable growth in standard-setting with respect to the protection of minorities in international and European law. Layered on top of existing human rights standards relevant to minorities, these developments have resulted in a complex and multi-faceted regime, but one which still does not amount to an integrated and coherent system of minority protection. In addition to providing an up-to-date account of the relevant standards and their development in practice, this collection breaks new ground by seeking to identify the extent to which some integration and coherence (synergy) is emerging as a result of the work of treaty-monitoring bodies and other international institutions. Leading experts on the main instruments and institutions assess matters such as the application of similar principles, the emergence of common themes, explicit cross-referencing between treaty bodies and international institutions and the development of similar working methods. • Allows readers to better understand the dynamic interactions between different legal standards and different international organisations • Each chapter focuses on a specific major international instrument or organisation; together they offer an excellent overview of the most important recent developments • Focus on developments in regions such as East Asia and Africa provides information on emerging trends in non-European regional international law

Table of contents

1. Introduction Kristin Henrard and Robert Dunbar Part I. Minorities-Specific Instruments, Provisions and Institutions 2. The United Nations' International Convention on Civil and Political Rights: Article 27 and other Provisions Martin Scheinin 3. The United Nations' Working Group on Minorities Li-Ann Thio; Postscript: The United Nations' Independent Expert on Minorities Gay McDougall 4. The OSCE High Commissioner on National Minorities Arie Bloed and Rianne Letschert 5. The Council of Europe Framework Convention on the Protection of National Minorities Asbjørn Eide 6. The Council of Europe European Charter for Regional or Minority Languages Robert Dunbar Part II. Non-Minorities-Specific Instruments, Provisions and Institutions 7. Developments relating to Minorities in the Law on Genocide William Schabas 8. The United Nations International Covenant on Economic, Social and Cultural Rights María Amor and Martín Estébanez 9. The United Nations Convention on the Elimination of All Forms of Racial Discrimination Ivan Garvalov 10. The United Nations' Convention on the Rights of the Child and Children belonging to Minority Groups Jaap Doek 11. UNESCO's Convention against Discrimination in Education Fons Coomans 12. A patchwork of 'successful' and 'missed' synergies in the jurisprudence of the ECHR Kristin Henrard 13. The many faces of minority protection in the European Union Bruno De Witte and Enikő Horváth 14. Developments under the African Charter on Human and Peoples' Rights relevant to Minorities Tim Murithi 15. Regional minority protection in the Asia-Pacific region Erik Friberg