Litigating the rights of minorities and indigenous peoples in domestic and international courts

著者

書誌事項

Litigating the rights of minorities and indigenous peoples in domestic and international courts

edited by Bertus de Villiers ... [et al.]

（Studies in territorial and cultural diversity governance / edited by Francesco Palermo and Joseph Marko, v. 14）

Brill Nijhoff, c2021

  • : hardback

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注記

Other editors: Joseph Marko, Francesco Palermo, Sergiu Constantin

Includes bibliographies and index

収録内容

  • Introduction / Bertus de Villiers
  • The Mabo-decision and the "discovery" of native title in Australia and beyond / George Barrie
  • The elephant in the room : resolving disputes about membership of a minority or indigenous community / Bertus de Villiers
  • Key judgments on the accommodation of Muslim family law in South Africa / Christa Rautenbach
  • The role of the constitutional court in protecting minority rights : a case on traditional beliefs in Indonesia / Saldi Isra and Pan Mohamad Faiz
  • Land, consultation and participation rights of indigenous peoples in the jurisprudence of the inter-American court of human rights : the cases of Kichwa Indigenous People of Sarayaku v. Ecuador and Kaliña and Lokono Peoples v. Suriname / Alexandra Tomaselli and Federica Cittadino
  • Litigating linguistic rights of national minorities in Central, Eastern, and South-Eastern Europe / Francesco Palermo and Sergiu Constantin
  • International treaty-based protection of minorities : select cases of the UN Human Rights Committee / Hennie Strydom
  • Comparing jurisprudence from five continents : concluding observations in search for meaning through intercultural understanding / Joseph Marko

内容説明・目次

内容説明

This book focuses on trend-setting judgments in different parts of the world that impacted on the rights of persons belonging to minorities and Indigenous people. The cases illustrate how the judiciary has been called upon to fill out the detail of minority protection arrangements and how, in doing so, in many instances the judiciary has taken the respective countries on a course that parliament may not have been able to navigate. In this book authors from various backgrounds in the practical application of minority protection arrangements investigate the role of the judiciary in constitutional arrangements aimed at the protection of the rights of minorities and Indigenous peoples.

目次

Abbreviations Case Law 1 Introduction Bertus de Villiers 2 The Mabo-Decision and the "Discovery" of Native Title in Australia and Beyond George Barrie 3 The Elephant in the Room - Resolving Disputes about Membership of a Minority or Indigenous Community Bertus de Villiers 4 Key Judgments on the Accommodation of Muslim Family Law in South Africa Christa Rautenbach 5 The Role of the Constitutional Court in Protecting Minority Rights: A Case on Traditional Beliefs in Indonesia Saldi Isra and Pan Mohamad Faiz 6 Land, Consultation and Participation Rights of Indigenous Peoples in the Jurisprudence of the Inter-American Court of Human Rights: The Cases of Kichwa Indigenous People of Sarayaku v. Ecuador and Kali n a and Lokono Peoples v. Suriname Alexandra Tomaselli and Federica Cittadino 7 Litigating Linguistic Rights of National Minorities in Central, Eastern, and South-Eastern Europe Francesco Palermo and Sergiu Constantin 8 International Treaty-based Protection of Minorities: Select Cases of the UN Human Rights Committee Hennie Strydom 9 Comparing Jurisprudence from Five Continents: Concluding Observations in Search for Meaning through Intercultural Understanding Joseph Marko Index

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