The thesis concerns itself with the fundamental rights of ethnic, religious and linguistic groups in contemporary international law. The rights outlined are to be found in multilateral treaties and general or customary international law. The first right identified is the right to existence which is principally associated with the Genocide Convention 1948. The second right outlined is the right of individuals belonging to minorities to an identity in cultural, religious and linguistic terms. This right is found in treaties rather than general customary law. The principal vehicle for the right to identity is Article 27 of the United Nations Covenant on Civil and Political Rights. The relationship between this right and the right of individuals not to be discriminated against on grounds of race, language or religion is a major focus of the text. The rights of indigenous and tribal populations are also discussed: in addition to being in most cases minorities in their States, these populations have been the subject of specific action mainly in the International Labour Organisation. They are therefore entitled to all the rights of minorities as well as those rights specifically drawn up in their favour. The thesis commences with an outline of the legal and philosophical problems raised by the existence of minorities and indigenous populations and discusses the history of the protection of minority groups by international law, culminating in the League of Nations regime for their protection. A consistent theme running through the work is the relationship between individual and collective rights in international law and the conclusion of the work attempts to characterise international law in this respect, and to forecast the direction which the law will take in the future.

No description available.

The challenge facing liberal theories of democracy is to describe an organization of state that both legitimates state power and protects individual liberty. In Democratic Rights: The Substance of Self-Government, Corey Brettschneider develops the value theory of democracy that resolves this tension. By locating the democratic ideal in a set of core values with both procedural and substantive implications, the value theory legitimates state coercion only when it protects citizens’ rights. While the value theory guarantees both substantive and procedural rights, this thesis will show that Brettschneider fails to account for the necessity of a secure cultural context, without which members of a minority culture may not be able to enjoy the core values as Brettschneider intends. Yet, the value theory of democracy can maintain a commitment to equality and autonomy when amended to have specific ethnic and cultural identity protections. Ultimately, this thesis will argue that the amended value theory provides a framework for citizens to both evaluate laws and correct injustices based on whether or not the policies uphold the core values.

Against the backdrop that multiculturalism has failed in Western Europe, this thesis argues that minority rights standards should be applied to Western European Muslims. Western European States have consistently excluded Muslims from minority rights protection under international law on the basis that they constitute 'new minorities'. However, this thesis asserts that the justifications given by States for the exclusion of Western European Muslims from minority rights protection no longer hold true and have the potential to undermine the object and purpose of the minority rights regime – security and justice. Furthermore, by considering the content of both generally applicable human rights standards and minority rights standards in the light of the situation and specific claims made by Muslim minorities in Western Europe, in relation to the preservation of their identity, this thesis proves that there is an added-value to minority rights protection for these communities. Minority rights standards and multiculturalist policies adopt a similar approach to the accommodation of societal diversity. Thus, given the exclusion of Western European Muslims from the additional protection offered by minority rights standards, this thesis submits that multiculturalist approaches to the accommodation of European Muslims have not failed; insufficient measures have been adopted to ensure their success. If a multiculturalist approach to the accommodation of diversity is to be pursued in Western Europe, States must allow Muslim minorities to benefit from the protection available under minority rights standards.

The Rroma people have a complex and highly contested narrative which is partly due to the fact that the Rroma are a homeless society, a society with no borders, no economy, no territory but with an origin. The perception of ethnicity itself is based on subjective interpretation and not based on some kind of scientific sociological truth. Those that apply their notions of ethnicity on a group may do so based on particular aspects of physical appearance or differential culture customs.    This research draws heavily on the theories of two authors, Charles Taylor and Will Kymlicka in order to answer my research question: To what extent can the challenges of the Rroma people in Romania be explained by Kymlicka and Taylor’s theories? What rights if any do they have?   Despite the fact that Romania is a democracy and that all people have the fundamental human rights, one can easily see the big disparities that exist between the Rroma ethnical group and the Romanian society. Members of a culture that has failed to be recognized will feel uprooted and it is important to give the recognition that a minority or unprivileged group is due and thereby acknowledge the fact that they have a cultural identity with their own traditions and aesthetic history. People should have the right to express their ethnic culture without any fear from persecution and prejudice from the society they live in.

The treatment of minorities by different states gains scholarly attention in the recent years. This thesis attempts to define the necessary criteria for a state to have in order for its treatment of minorities to be acceptable by the international society. There are three major parts of the thesis. It starts with a thorough investigation of legal dimension of minority rights. The thesis formulates the criteria that a state should meet in the field of national and international law regarding minority rights. The second part investigates the political dimension of the issue. The analysis of political dimension describes the interaction of governments with minorities and the factors influencing the success of minorities in achieving their demands. In the final part of the thesis, the criteria formulated in legal and political dimensions are applied to the case of the Kurdish minority in Turkey. The position of Kurdish minority in the society is unique because of the Turkish state's assimilationist policies towards ethnic minorities till very recent years. The minority rights defined by international society were, therefore, not recognized in Turkey. However, the situation has recently changed. The current government ruled by Justice and Development Party has applied numerous democratization reforms that normalize the position of minorities. The Kurdish minority is not discriminated against as much as it was in the past. In addition to the analysis of the current state of minority rights in Turkey, the thesis proposes opportunities for improvement in the future.

This study aims to scrutinize Turkey’s uneasy democratization process during the post-Helsinki period (1999-2010). The research design of the thesis takes the form of a single case study as it seeks to critically link Turkey’s democratization problems with the wider theoretical literature on secularism, post-Islamism and democratization. Rather than witnessing the clear-cut victory of liberal democracy over non-democracy as espoused by Fukuyamian eschatology, the advent of the Post-Cold War Era witnessed the proliferation of hybrid grey zone which stood between the continuum of democracy and conventional non-democracy. As a result, many scholars opted to construct ‘hybrid regime typologies’ in order to capture the incongruous yet enduring coexistence of partially democratic and non-democratic features within each political unit. In line with contemporary developments in the democratization literature, this thesis opts to construct a multi-dimensional hybrid regime typology for the case of Turkey. Besides seeking to capture the core regime principles of the Kemalist one-party dictatorship (1923-1946) under the label of ‘laic-ethnocracy’, the theoretical framework of the thesis provides an assessable normative benchmark for delineating Turkey’s democratization trajectory since the initiation of the multi-party era (1946-1950). After demonstrating how Turkey’s successive ‘controlled transitions’ (1946-1997) consistently aimed at perpetuating ethnocratic hegemony and obstructing the democratic transformation of incompatible aspects of the Kemalist laicism, the thesis seeks to scrutinize the impact of the EU candidacy in shaping the pattern and outcome of the recent democratization process in the domestic arena. In this respect, the thesis underlines how the ongoing political ‘transition process’ during the post-Helsinki decade (1999-2009) qualitatively differs from all of the previous transitions which had been guided and forcefully controlled by traditional Kemalist state elites. Yet, the thesis also exposes the limited and partial commitment of the post-Islamist AKP government to forge the democratic transformation of Turkey’s enduring ‘laic-ethnocratic’ regime paradigm namely by assessing its reform performance towards the cultural rights of ethnic and belief-rights of the non-Sunni Muslim minorities (e.g., the sizeable Kurdish ethnic and Muslim-Alevi religious minority). Overall, the thesis characterizes Turkey’s ‘post-Helsinki transition’ process as a case of uneasy democratization. In this context, the term ‘uneasy democratization’ does not only highlight the inconsistencies of main domestic political actors in forging clear-cut democratic transformation of Turkey’s enduring ‘laic-ethnocracy’ regime paradigm, but also to a chronic failure to soothe the deeply-seated cleavages within the socio-political arena.

This thesis illustrates the Swedish interpretation of the national policy framework on minority and indigenous rights, by including an analysis of the Gállok mining case. The study consists of an ideology analysis of the said framework and three liberal positions on multiculturalism. The scholars Will Kymlicka, Charles Taylor, and Brian Barry each convey three approaches to the implementation of group rights. Their positions provide insights into how Sweden acts as a multicultural state. The findings are that the intentions behind Sweden’s policy framework on minority rights are to preserve and protect cultural diversity, which correlates to the core elements of liberalism according to the three liberal theories. Sweden’s implementation of the policy framework conflicts with Taylor’s argument for equal recognition, and with Kymlicka’s position on expecting minorities to adapt to majority interests. The Swedish approach follows the reasoning of Barry, where minority interests can be compromised to benefit the majority population.

Micro country-level research on why Ghana continues to hold on to a colonial-era law that criminalises sex between consenting adults of the same sex is critical to understanding the unique phenomena of homophobia and violations of sexual minority rights in Ghana. Ghana has not decriminalised the offence of ‘unnatural carnal knowledge’, a law that targets homosexual sex, which it inherited from British colonial administrators in 1892, despite calls by international human rights bodies and Ghana’s own admission that such laws fuel violations of sexual minority rights. The fundamental barriers to the decriminalisation of consensual same-sex sexual acts between adults in private in Ghana are religion, culture, and politics. Through the lens of decolonisation, Sankofa, as well as purposive and transformative constitutionalism theories, the thesis argues that the current religious, cultural and governance architecture in Ghana are colonial legacies that subjugated indigenous religious, cultural, and governmental institutions and replaced them for more than a century with Victorian-era structures and institutions of the colonial administrators. In order to overcome this colonial-era law, structures, and barriers to decriminalisation, which many Ghanaians unknowingly or mischievously claim as their own, there is a need for the decolonisation of colonial-era thinking and structures. The 1992 Constitution of Ghana provides for a Bill of Rights, an independent judiciary, and the Supreme Court of Ghana, whose jurisprudence upholds the rights of individuals to non-discrimination, dignity, privacy, and association. Apart from religion, culture, and politics, a major obstacle to decriminalising sodomy law in Ghana is the legal culture and socio-political environment in Ghana. The judiciary is part of a society that abhors homosexuality and proclaims that because most Ghanaians oppose same-sex relationships, Ghana should not amend its Constitution to embrace sexual minority rights. The Supreme Court has declared laws that are inconsistent with constitutional rights to non-discrimination, association, dignity, and privacy as unconstitutional. Although the Constitution of Ghana does not prohibit discrimination based on sexual orientation, the Supreme Court can overcome the barriers of religion and culture by extending its jurisprudence on the right to non-discrimination, association, dignity, and privacy to include sexual minority rights. Through a broad, purposive, and transformative approach to interpreting the Bill of Rights, the Supreme Court can draw a line between Ghana’s colonial past and the present era of constitutionalism and constitutional rights by declaring sodomy law as unconstitutional. The Supreme Court may also overcome the negative limitations of the current Ghanaian legal culture and socio-political pressure by looking to pre-colonial Ghanaian cultures that embraced same-sex sexuality for guidance. Like the proverbial Sankofa bird, the Supreme Court may, besides looking back to pre-colonial Ghanaian cultures, also fly forward to adopt decisions of foreign domestic and international courts of this modern era to endorse constitutional morality over majority morality in a Ghanaian secular state. / Thesis (LLD)--University of Pretoria, 2021. / University of Pretoria, Postgraduate Merit Award (Academic Associate) / Centre for Human Rights / LLD / Unrestricted

Thesis advisor: Geoffrey Sanzenbacher / Oddly, as acceptance of LGBT+ individuals continues to rise in the United States, the number of reported anti-LGBT+ hate crimes also rises (McCarthy 2022, Author’s calculations from Uniform Crime Reporting data). Could this be the result of a violent backlash against the legalization of same-sex marriage? This paper investigates this love-hate relationship using data from the Bureau of Justice Statistics’s Uniform Crime Reporting system. Utilizing a collection of difference-in- differences regressions, this analysis compares the number of reported anti-LGBT+ hate crimes in a state before and after that state’s legalization of same sex marriage. The results suggest that states have a higher number of reported hate crimes per month after their legalization of same-sex marriage when controlling for population. A placebo regression shows that this effect is not found with other kinds of hate crimes. Two potential explanations for this finding are explored: firstly, that reporting of anti-LGBT+ hate crimes in a state becomes more reliable after that state’s legalization of same-sex marriage or, alternatively, that the number of hate crimes committed against LGBT+ individuals rises. / Thesis (BA) — Boston College, 2023. / Submitted to: Boston College. College of Arts and Sciences. / Discipline: Departmental Honors. / Discipline: Economics.