Democracy, Minorities and International Law by Steven Wheatley

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By Steven Wheatley

This paintings explores the contribution that foreign legislation might make to the answer of tradition conflicts--political disputes among the individuals of other ethno-cultural groups--in democratic States. overseas legislations acknowledges that folks belonging to minorities have the fitting to take pleasure in their very own tradition and peoples have the ideal to self-determination with out detailing how those rules are to be put in force. The emergence of democracy as a felony legal responsibility of States allows the overseas neighborhood to trouble itself with either the approach and substance of 'democratic' judgements referring to ethno-cultural teams.

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2. The exercise of the rights to freedom of expression may ‘be subject to certain restrictions, but these shall only be such as are provided by law and are necessary . . (b) For the protection of national security or of public order (ordre public), or of public health or morals’: Article 19(3), ibid. See also the non-discrimination provisions: Articles 2(1) and 26 of the International Covenant on Civil and Political Rights. 57 In its General Comment on Article 18, the Human Rights Committee determined that the right to freedom of religion extends to the protection of ritual and ceremonial acts giving expression to religious belief, the building of places of worship, the use of ritual formulae and objects, the display of symbols, and the observance of holidays and days of rest.

Jose´ Bengoa, ‘Existence and recognition of minorities’, UN Doc. 2, 3 April 2000, para. 42. 126 Rodolfo Stavenhagen explains the idea of culture: [T]he sum total of the material and spiritual activities and products of a given social group which distinguishes it from other similar groups. ), The rights of minority cultures (Oxford: Oxford University Press, 1995), p. 31, at p. 32. See also Eyassu Gayim, The concept of minority in international law: a critical study of the vital elements (Rovaniemi: University of Lapland Press, 2001), p.

Self-consciousness Article 27 of the International Covenant on Civil and Political Rights provides a right of cultural security for minority groups. The provision recognises the rights of persons belonging to minorities to enjoy their own culture, to profess and practise their own religion, and/or to use their own language (or at least that the rights ‘shall not be denied’). For a group to be recognised as a minority, (some of) its members must manifest a desire for the continued existence of the group as a distinct cultural entity.

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