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Contents
- Preliminary Material
- Dedication
- Preface
- Contents
- Table of Cases
- African Commission on Human and Peoples’ Rights (ACHPR)
- European Commission on Human Rights (ECommHR)
- European Court of Human Rights (ECtHR)
- European Court of Justice (ECJ)
- Inter-American Court of Human Rights (Inter-Am CtHR)
- Permanent Court of International Justice (PCIJ)
- International Court of Justice (ICJ)
- United Natons Committee Against Torture (CAT/C)
- United Nations Economic and Social Council (ECOSOC)
- United Nations Committee on Economic, Social and Cultural Rights (CESCR/C)
- United Nations Committee on the Elimination of Discrimination Against Women (CEDAW/C)
- United Nations Committee on the Elimination of Racial Discrimination (CERD/C)
- United Nations Human Rights Committee (HRC)
- South Africa
- United Kingdom
- Table of International Instruments, National Legislation and Implementation Bodies
- Selected Abbreviations
- Notes on Contributors
- Main Text
- Introduction: Mechanisms for supervision and remedial Action
- Preliminary Material
- I International Institutions and their Forms of Jurisprudence
- A Historical Stages in the Evolution of International Mechanisms
- B Existing Mechanisms: A Systemic Survey
- 1 Political versus Legal Mechanisms, Charter-based and Treaty-based
- 2 Political Mechanisms: Working Groups and ‘Special Procedures’ at the United Nations
- 3 Regional Political Mechanisms
- 4 Treaty-based Mechanisms
- 5 Monitoring/Dialogue Procedures
- 6 Quasi-judicial Mechanisms of Complaint Procedures at the United Nations
- 7 Judicial Bodies in the Regional Systems
- 8 A Brief Note on the International Criminal Court and the Yugoslav and Rwanda Tribunals
- II Reflections on the Functions and Usefulness of the Different Mechanisms
- Legal nature of minority rights as part of human rights, limitations, derogations, reservations, and interpretative statements
- Preliminary Material
- I Minority Rights as Human Rights
- II Limitations of Minority Rights
- A Cases before the European Court of Human Rights
- 1 Cases relating to the Limitation of the Freedom of Association by Minority Entities
- 2 Roma Cases Relating to the Limitations of the Right to Respect for Family Life and Home
- 3 Turkish Cases relating to Limitations to the Right to Freedom of Expression
- 4 Cases relating to the Right to Freedom of Religion
- B Conclusions
- A Cases before the European Court of Human Rights
- III Derogations
- IV Reservations
- The concept and definition of minorities
- Non-discrimination and full and effective equality
- Preliminary Material
- I Introduction
- A Relevance of Non-discrimination for Minority Communities
- B Survey of Legal Standards
- 1 The Two General UN Human Rights Covenants of 1966: The International Covenant on Civil and Political Rights (CCPR) and the International Covenant on Economic, Social and Cultural Rights (CESCR)
- 2 CERD
- 3 CEDAW
- 4 European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR)
- 5 Framework Convention for the Protection of National Minorities (FCNM)
- 6 EU Standards
- 7 African Charter on Human and Peoples’ Rights (AfrCh)
- 8 American Convention on Human Rights (ACHR)
- C Delineation of Content: Overview of Specific Issues to be Considered
- II Analysis of Case Law
- A Model of Review in Relation to Complaints of Discrimination
- B Grounds of Discrimination
- C Different Levels of Scrutiny (Margin of Appreciation—Proportionality Test of Justification)
- D Discrimination and Full, Substantive Equality
- E Burden of Proof and Distribution of the Burden of Proof
- F Positive State Obligations and Private Discrimination?
- III Conclusion
- Expression, assembly, association
- Preliminary Material
- I General Introduction
- II Content of the Rights
- III Analysis of Case Law
- Religious rights
- Preliminary Material
- I Introduction
- II International Standards on the Right to Manifest Religion or Belief
- III Analysis of Case Law
- A The Right to Freedom of Thought, Conscience, and Religion
- B The Right to Manifest Religion or Belief
- C The Scope of the Protection given to Manifestation of Religion or Belief
- D Prosyletism
- E Individually or in Community with Others
- F The Right to Establish Religious Institutions, Organizations and Associations
- G Limitations
- H The Right of Parents to have their Children Educated in Accordance with their Religious and Moral Convictions
- I Non-discrimination
- IV Conclusion
- Family, private life, and cultural rights
- Linguistic identity and language rights
- Preliminary Material
- I General Introduction
- II Content of the Rights
- III Analysis of Case Law
- A The Private Use of a Minority Language
- 1 Comparison in Time and between Courts
- 2 Analysis and Criticism, Possible Evolution of Interpretation by Courts
- 3 Application of the Rights
- (a) Private Use of a Minority Language in Written and Oral Forms
- (b) Names and Topographical Indications in a Minority Language
- (c) Private Education and Minority Languages
- (d) Minority Language Use in Private Economic and Commercial Activities
- (e) Use of Minority Languages by Private Organisations; Registration of Minority Languages
- B The Use of a Minority Language by State Authorities
- 1 Comparison over Time and between Courts
- 2 Analysis and Criticism, Possible Evolution of Interpretation by Courts
- 3 Application of the Rights
- (a) Use of a Minority Language by State Authorities Generally
- (b) Use of a Minority Language under Due Process and Fair Trial Guarantees
- (c) State-provided Education and Minority Languages
- (d) Official Recognition and Use of Minority Languages in Names, Surnames and Toponomy
- (e) Use of Minority Languages and Political and Public Participation
- (f) Citizenship Naturalization Requirements and Minority Languages
- A The Private Use of a Minority Language
- IV Conclusion
- Education
- Physical integrity, due process and the administration of justice
- Preliminary Material
- I Introduction
- II Physical Integrity and Existence
- A The Right to Life
- B Prohibition of Torture, Inhuman and Degrading Treatment and Punishment
- III Due Process and the Administration of Justice
- A Effective Remedy and Investigation
- B Positive Measures by States to Provide an Effective Remedy and Effective Investigation
- C Equal Protection of and before the Law
- D Positive Measures by States to Promote Effective Equality
- E Language Use in Court
- F Right of Access to Court
- G Right to Fair Trial
- H Right to Public Trial
- IV Conclusion
- Socio-economic rights as minority rights
- Effective participation of minorities in public life
- Introduction: Mechanisms for supervision and remedial Action
- Further Material