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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
provided by the
Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Sverige, Norge och det minoritetspolitiska vägskälet : En jämförande fallstudie om individuella och kollektiva rättigheter i en samisk kontextJohansson, Felicia January 2017 (has links)
Minority rights has been a common subject of discussion for several years and since the United Nations Declaration on the Rights of Indigenous Peoples was adopted the interest in the matter has far from decreased. One of the countries voting in favor of the declaration is Sweden, and although they volunteerly decided to comply with the agreement they have received numerous complaints on how they treat the indigenous people inhabiting certain areas of the country. When constructing new rights, a plan on how to make them apply to everyone who is entitled to them has to be formed, which can be a bit challenging to say the least. This paper presents two different approaches used when creating minority rights – individual rights and group rights – and applies them on two cases – Sweden and Norway – in order to discover which of these methods dominate said field. This is made through examining three different categories of rights – political, economical and social – to see which differences can be found between Sweden and Norway when it comes to indigenous people’s rights, and how these differences relate to individual and group rights. The conclusion of the study is that group rights is the dominating approach, but focusing on both groups and individuals has been the most successful method yet.
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Milletsystemet : Minoritetsskydd och grupprättigheter i ett historiskt perspektivAlouch, Nora January 2016 (has links)
Minority protection mechanisms in international law aim to guarantee certain individual rights to persons belonging to ethnic, religious or linguistic minorities, such as freedom of culture, religion and language. These rights can be considered to be of collective interest for minority group identity and therefore often require the possibility of collective enjoyment. In addition to general human rights and principles of non-discrimination, minority protection can alternately be ensured through minority specific rights. However, minority specific rights would not operate effectively without evolving a concept of collective (or group) rights in international law. Hence, while this kind of approach can provide legal methods for balancing the interests of individuals, groups and the state, it creates the possibility of conflicts with the international framework of individual rights. The ottoman millet system sets a historical example of minority protection instruments based on a collective concept of human rights. Furthermore, the ottoman history offers an illustration of what could go terribly wrong with a collective rights model. By analyzing the millet system and the ottoman legal reforms in the nineteenth century I will discuss reoccurring issues with collective rights. I will argue that incorporating collective rights within a structure founded on individual rights is a problematic way of protecting individuals belonging to minorities and other vulnerably ethnic groups. Looking through the historical development of universal human rights some important aspects of its main principles will be brought up in this paper.
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