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Protection of the Rights of the Minorities

Author: LiuXing
Tutor: WangHuHua
School: East China University of Political Science
Course: International law
Keywords: the Rights of the Minorities Equality and non-discrimination SubstantialFairness
CLC: D998.2
Type: Master's thesis
Year: 2012
Downloads: 51
Quote: 0
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Abstract


Most democratic countries are dominated by the majority. Therefore, the concept of theMinorities was put forward. The constitutional representative mechanism per se has flaws;even it holds the banner of Equality. The unavoidable thing that only the interests ofthe majority could be represented fundamentally is one of them. As a result, how to properlyprotect the rights of the minorities becomes the key of establishing a harmonious and stablecountry. This dissertation is a systematic combination of "the definition of theminorities","the justification of the rights of the minorities","the substantial rightsof the minorities", and "the relief and limits of the rights of the minorities". From theperspective of International Law, the Universal Declaration of Human Rights is thecornerstone of such protection. The main substantial rights could be found in Article27of International Covenant on Civil (hereinafter referred to CCPR) and Political Rightsand Declaration on the Rights of Persons Belonging to National or Ethnic, Religious andLinguistic Minorities. Some are related to other international treaties.The concept of the minorities is vague in International law. The most direct source---article27of CCPR and its explanation---did not try to define it either. In Chapter2, the author is trying to define the minorities according to international treaties,domestic laws, other multi-lateral covenants, academic points of views and some cases.Chapter3states the justifications and rationales to protect the minorities. Theprinciples of equality and non-discrimination are well served to necessitate suchprotection. When it comes to the substantial rights in Chapter4, the author firstdistinguishes the minority rights and rights of national self-determination. And theminorities shall have the right to enjoy their culture, to profess and practice theirreligions, to use their languages, to participate in public affairs as well as in theirassociations. Chapter5introduces the reverse discrimination and the judicial mechanismto relieve the rights of the minorities.

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CLC: > Political, legal > Legal > International law > Nationality Act > International Protection of Human
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