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Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

Litigating the Rights of Minorities and Indigenous Peoples in Domestic and International Courts

Author: Bertus de Villiers; Joseph Marko; Francesco Palermo; Sergiu Constantin
Publisher: Brill Nijhoff
ISBN: 9789004461659
Published In: September 2021
Format: Hardback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

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