Democracy, Minorities and International Law by Steven Wheatley

By Steven Wheatley

This paintings explores the contribution that foreign legislations may perhaps make to the answer of tradition conflicts--political disputes among the participants of other ethno-cultural groups--in democratic States. overseas legislation acknowledges that people belonging to minorities have the fitting to get pleasure from their very own tradition and peoples have the ideal to self-determination with no detailing how those ideas are to be put in force. The emergence of democracy as a felony legal responsibility of States allows the overseas group to drawback itself with either the method and substance of 'democratic' judgements bearing on ethno-cultural teams.

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By Steven Wheatley

This paintings explores the contribution that foreign legislations may perhaps make to the answer of tradition conflicts--political disputes among the participants of other ethno-cultural groups--in democratic States. overseas legislation acknowledges that people belonging to minorities have the fitting to get pleasure from their very own tradition and peoples have the ideal to self-determination with no detailing how those ideas are to be put in force. The emergence of democracy as a felony legal responsibility of States allows the overseas group to drawback itself with either the method and substance of 'democratic' judgements bearing on ethno-cultural teams.

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Trinidad and Tobago, Communication No. 721/1996, UN Doc. CCPR/C/74/D/721/1996, 2 April 2002, para. 6. Article 2(2) of the International Covenant on Economic, Social and Cultural Rights, and Article 2(1) of the International Covenant on Civil and Political Rights. 60 The major innovation of the International Covenant on Civil and Political Rights was the recognition, in Article 27, of the rights of persons belonging to minorities beyond the issues of individual moral autonomy and the non-discrimination norm: In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

Finland (No. 1), Communication No. 511/1992, UN Doc. CCPR/C/52/D/511/1992, 8 November 1994, para. 2; and La¨nsman et al. v. Finland (No. 2), Communication No. 671/1995, UN Doc. CCPR/C/58/D/671/1995, 22 November 1996, para. 2. In Kitok v. Sweden, the State party accepted that the Sami ‘form an ethnic minority in Sweden’, and that persons belonging to this minority are entitled to protection under Article 27 of the Covenant: Kitok v. Sweden, Communication No. 197/1985, UN Doc. CCPR/C/33/D/197/1985, 10 August 1988, para.

See also Geoff Gilbert, ‘Religious minorities and their rights: a problem of approach’ (1997) 5 International Journal on Minority and Group Rights 97, 99. GA Res. ’ Descheˆnes refers to a group ‘having a sense of solidarity with one another, motivated, if only implicitly, by a collective will to survive and whose aim to achieve equality with the majority in fact and in law’. See also Philip Vuciri Ramaga, ‘The group concept in minority protection’ (1993) 15 Human Rights Quarterly 575, 583.

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