
Minority Groups and Judicial Discourse in International Law : A Comparative Perspective.
Title:
Minority Groups and Judicial Discourse in International Law : A Comparative Perspective.
Author:
Pentassuglia, Gaetano.
ISBN:
9789047430162
Personal Author:
Edition:
1st ed.
Physical Description:
1 online resource (304 pages)
Series:
International Studies in Human Rights ; v.102
International Studies in Human Rights
Contents:
Contents -- Acknowledgments -- Table of Cases -- Chapter 1 Introduction -- Minority protection: a story in movements -- The UN debate -- The emerging fourth movement -- Saramaka as an illustration of judicial discourse -- A note on terminology and structure -- PART I -- Chapter 2 Recognition -- Spaces of group identity -- Domestic courts and international law -- Chapter 3 Elaboration -- Indirect protection: spaces of freedom or the 'hands off approach' -- Direct protection: diff using general human rights -- Private and family life -- Property -- Education, language, participation -- Non-discrimination -- Chapter 4 Mediation -- Reconciling majority and minority interests -- Involvement in the decision-making process -- (Positive) equality as a justifi catory test -- Reconciling interests within the group -- Women and the group -- Dissenters and group representation -- Chapter 5 Access to justice -- Right to judicial protection -- Locus standi and injured party -- Continuing eff ects of rights violation -- Evidence -- PART II -- Chapter 6 Ethno-cultural diversity and international judicial discourse -- Dimensions of judicial discourse: preliminary observations -- Courts in plural societies -- The theoretical debate -- The case of socio-economic rights -- International jurisprudence re-assessed -- Expanding on the procedural model -- Between substance and procedure -- Interpretation as cross-fertilisation -- On judicial persuasiveness -- Between universalism and justice -- Chapter 7 Conclusion -- Bibliography -- Index.
Abstract:
Set against previous stages of minority protection under international law, this book discusses the role of courts and court-like bodies particularly in the Americas, Africa and Europe in articulating and accommodating the interests and needs of ethno-cultural minority groups as part of the human rights discourse. Conceptually, it exposes different moments of intervention by such bodies involving the recognition of group existence or identity, the adjustment of human rights norms to accommodate the groups perspectives, the establishment of processes designed to address the complexities resulting from competing claims, and the expansion of procedural avenues within litigation. The result is a fresh comparative practical and theoretical perspective on international jurisprudence as an emerging distinctive component in the complex history of the field.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
Genre:
Electronic Access:
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