MINELRES: Publications: New Edited Volumes on Minority Rights

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New Edited Volumes on Minority Rights
from Oxford University Press  
 

Two New Global Guides on the Protection and Enforcement of the Rights of
Minorities          
 
Universal Minority
Rights                                                            
A Commentary on the Jurisprudence of International Courts and Treaty
Bodies
Edited by Marc Weller, Director, European Centre for Minority Issues and
University Lecturer, Centre of International Studies, University of
Cambridge

Universal Minority Rights brings together, for the first time, the full
set of all regional and international jurisprudence from courts and
treaty bodies concerned with issues of minority rights. Through an
exhaustive, comparative analysis of principles and substantive rules,
the Commentary shows how, and why, the legal process can be a driving
force in the protection of minority interests. It covers ten thematic
areas of investigation, including religious, educational, and cultural
rights, political participation, and socio-economic opportunities.

27 December 2007 | 576 pages| 978-0-19-920851-7 | ?60.00 | Hardback


Description 
 
The first book to analyze the entire jurisprudence of international and
regional bodies on the issue of minority protection 
Clarifies and develops the principles and substantive standards involved
in minority rights - from the definition of minority itself to the
meaning of religious freedom
Shows how, and why, the legal process can be a driving force in the
protection of minority interests
 
The development of international standards for the protection of
minorities has been slow and fragmented. In the absence of a
comprehensive and universal binding set of rules, the development of
minority protection has been left to regional agreements and judicial
interpretation of wider human rights treaties. Universal Minority Rights
brings together, for the first time, the full set of all regional and
international jurisprudence from courts and treaty bodies concerned with
issues of minority rights.

The commentary is arranged around ten thematic areas of investigation,
including religious rights, education, cultural rights, political
participation and socio-economic opportunities. Each substantive chapter
offers an introduction to the issue at hand and its special relevance to
minority communities, a general survey of legal standards addressing the
issue, and an examination of specific problems that are being tackled
through legal standards and judicial review. Each chapter concludes with
an evaluation of the contribution of the case-law reviewed to the
development of universal standards of protection.

Throughout, the commentary takes full account of international treaties
and their associated bodies, including the ICCPR, the ICESCR, the UN
Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities, and the Convention on the
Elimination of All Forms of Racial Discrimination. In addition, the
commentary analyzes the regional standards that have developed through
the Council of Europe and the jurisprudence of the European Court of
Human Rights, the Inter-American Court of Human Rights, and the African
Commission on Human and People's Rights.

Through an exhaustive, comparative analysis of principles and
substantive rules, the commentary provides an invaluable reference point
for the development of minority protection.  

Readership: Academic specialists, practitioners and professionals from
law firms, international organizations, governments and NGOs working in
the field of minority rights.

Contents 
Preface 
1. Introduction: Development of Minority Rights in International
Standards 
2. Concept and Definition of Minorities 
a. Minority Issues (individual rights) 
b. Group Identity (collective dimension) 
3. Non-Discrimination and Full and Effective Equality 
4. Expression, Assembly, Association 
5. Religious Rights 
6. Family, Private Life and Cultural Rights 
7. Linguistic Identity 
8. Education 
9. Physical Integrity, Due Process and the Administration of Justice 
10. Effective Political Participation 
11. Equal Access to Social and Economic Opportunities 
a. Economic Rights 
b. Right to health, housing and employment 
12. Legal Nature of Minority Rights as Part of Human Rights,
Limitations, Derogations, Reservations and Interpretative Statements 
13. Conclusion: Impact and Evaluation of the evolution of the
Jurisprudence on Minority Rights  

Authors, editors, and contributors 

Marc Weller, Director, European Centre for Minority Issues; University
Lecturer, Centre of International Studies, University of Cambridge

---------------------------------------

Reparations for Indigenous
Peoples                                               
International and Comparative Perspectives
Edited by Federico Lenzerini, Professor of Law, University of Siena and
Consultant to UNESCO

Featuring contributions from renowned legal experts and activists from
different parts of the world, this volume considers the right of
indigenous peoples to reparation for breaches of their  individual and
collective rights. Pertinent, in-depth case-studies give a comparative
perspective on the ways in which the right of indigenous peoples to
reparation is realised worldwide. 

17 January 2008 | 680 pages | 978-0-19-923560-5 | ?70.00 | Hardback


Description 
 
Brings together a group of renowned legal experts on indigenous issues
Offers both international and comparative perspectives on redress for
injustices suffered by indigenous peoples
Provides a comprehensive assessment of the relevant international legal
framework for redress and compensation
Investigates the relevant practice at the international, regional and
national level
 
The volume brings together a group of renowned legal experts and
activists from different parts of the world who, from international and
comparative perspectives, consider the right of indigenous peoples to
reparations for breaches of their individual and collective rights. 

The first part of the book is devoted to general aspects of this
important question, providing a comprehensive assessment of the relevant
international legal framework and including overviews of the topic of
reparations for human rights violations, the status of indigenous
peoples in international law and the vision of reparations as conceived
by the peoples concerned. The second part embraces a comprehensive
investigation of the relevant practice at the international, regional,
and national level, including some pertinent, in-depth case-studies,
offering a comparative perspective on the ways in which the right of
indigenous peoples to reparation is realized worldwide. The
contributions forming the second part also examine the best practices
for granting effective reparations, according to the ideologies and
expectations of the communities concerned. The global picture painted by
these contributions offers a view of the status of relevant
international law that is synthesised in the final chapter, which also
prescribes the best practices and strategies to be adopted in order to
maximize concrete opportunities for indigenous peoples to obtain
effective redress. 

As a whole, the volume offers a comprehensive vision of its subject
matter in international and comparative law, with a practical approach
aimed at supporting legal academics, administrators, and practitioners
concerned in improving the avenues and modalities of reparations for
indigenous peoples. 

Readership: Academics, scholars, and advanced students of international
and comparative human rights law, indigenous peoples' rights, and
anthropology; ILO officials; UN agencies; NGO staff; activists involved
with indigenous issues; and university institutes and libraries

Contents 
I International Law, Reparations for Human Rights Violations and
Indigenous Peoples
 
1. Reparations for Indigenous Peoples in International and Comparative
Law: An Introduction , Federico Lenzerini 
2. The Contemporary Evolution of International Law: Is the International
Community Ready to Grant Reparations for Human Rights Violations? ,
Francesco Francioni 
3. Reparations for Indigenous Peoples: The Present Value of Past Wrongs
, Dinah Shelton 
4. The Trail of Broken Dreams: The Status of Indigenous Peoples in
International Law , Federico Lenzerini 
5. Indigenous Peoples, Afro-Indigenous People and Reparations , Gerald
Torres 
6. Indigenous Peoples and Psychosocial Reparation: The Vision of Latin
American Indigenous Communities , Nieves Gomez 

II Reparations to Indigenous Peoples: International, Regional and
National Approaches
 
7. Reparations for Indigenous Peoples: Global International Instruments
and Institutions , Claire Charters 
8. Indigenous Land Rights: The Challenge of Reparation , Luis
Rodriguez-Pinero 
9. Reparations for Cultural Loss , Ana F. Vrdoljak 
10. In Praise of Guilt: How the Yearning for Moral Purity Blocks
Reparations for Native Americans , David Williams 
11. An American Indian Reparations Strategy: Repairing Federal Indian
Law , Kristen Carpenter 
12. Genocide Against the Chiricahua Apache Peoples. The Need For
Reparations , S. James Anaya 
13. Reparations for Indigenous Peoples in Canada , Brad Morse 
14. Reparations for Indigenous Peoples in the Case Law of the
Interamerican Court of Human Rights , Gabriella Citroni, Karla I.
Quintana Osuna 
15. Reparations for Indigenous Peoples in Two Selected Latin American
Countries , Marzia Rosti 
16. Reparations for Indigenous Peoples in Europe: The Case of the Sami
People , Stefania Errico, Barbara Hocking 
17. Reparations for Indigenous Peoples in Africa , Nsongurua Udombana 
18. International Law and Reparations for Indigenous Peoples in Asia ,
Phutoli Chingmak 
19. Reparations for Masyarakat Adat in Indonesia: A Sombre Tale ,
Aderito de Jesus Soares 
20. The Persistent Absence of a Foundational Principle? Indigenous
Australians, Proprietary and Family Reparations , Barbara Hocking,
Margaret Stephenson 
21. Reparations for Maori Grievances in Aotearoa New Zealand , Catherine
Iorns Magallanes 

III Best Practices and Strategies of Reparations to Indigenous Peoples
 
22. Conclusive Note: An Attempt to Define Best Practices and Strategies
for Maximizing the Concrete Chances of Reparation for Injuries Suffered
by Indigenous Peoples , Federico Lenzerini  

Authors, editors, and contributors 

Edited by Federico Lenzerini, Professor of Law, University of Siena and
Consultant to UNESCO

Contributors:
Federico Lenzerini, Italy
Francesco Francioni, Italy
Dinah Shelton, USA
Nieves Gomez, Guatemala
Claire Charters, New Zealand
Luis Rodriguez-Pinero, Spain
Ana F. Vrdoljak, Australia
David Williams, USA
Kristen Carpenter, USA
Gerald Torres, USA
S. James Anaya, USA
Brad Morse, Canada
Gabriella Citroni, Italy
Karla I. Quintana Osuna, Mexico
Marzia Rosti, Italy
Barbara Hocking, Australia
Stefania Errico, Italy
Nsongurua Udombana, Nigeria
Phutoli Chingmak, India
Aderito de Jesus Soares, East Timor
Margaret Stephenson, Australian
Catherine Iorns Magallanes, New
Zealand

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