Through redrafting the judgments of the ECHR, Diversity and European Human Rights demonstrates how the court could improve the mainstreaming of diversity in its judgments. Eighteen judgments are considered and rewritten to reflect the concerns of women, children, LGB persons, ethnic and religious minorities, and persons with disabilities in turn. Each redrafted judgment is accompanied by a paper outlining the theoretical concepts and frameworks that guided the approaches of the authors and explaining how each amendment to the original text is an improvement. Simultaneously, the authors demonstrate how difficult it can be to translate ideas into judgments, whilst also providing examples of what those ideas would look like in judicial language. By rewriting actual judicial decisions in a wide range of topics this book offers a broad overview of diversity issues in the jurisprudence of the ECHR and aims to bridge the gap between academic analysis and judicial practice.

A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.

A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.

2.2. In the CRC.

Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.

The development and study of human rights have increased significantly over time and have seen an intensified interest at the dawn of the twenty-first century. Much can be learned about the status of universal human rights by approaching the subject from regional perspectives. These diverse vantage points shed new light on the importance and complexity of the issues. ø David P. Forsythe and Patrice C. McMahon have brought together a collection of essays from top scholars in their fields. Each essay examines how a region, as defined by geography or culture, affects the standards and practice of human rights in a particular area. The issues discussed include human rights and child labor in South Asia, women?s rights in Muslim states, the prospects and challenges of human rights in the Middle East, the role of women and tradition in Africa, and accommodating diversity in Europe. The collection also includes essays commenting on the parameters and intersections of international human rights in relation to area studies.

At the beginning of the 1990's, all CSCE (Conference on Security and Co-operation in Europe) States committed themselves to pluralist democracy, the rule of law and human rights and fundamental freedoms. The idea of pluralist democracy is also gaining ground in other parts of the world.

Diversity has become a key term in contemporary social politics, and is often used as both a description of complex social realities and a normative prescription for how those realities should be valued, influenced by the politics of multiculturalism and by social movements asserting "the right to be different" diversity has emerged as an open, fluid discourse that challenges reductive visions of legitimate identities and human possibilities.It is this apparent acceptance of diversity as a fact and value that this book looks at in several ways, it offers a countervailing assessment of diversity, seeing it less as a unifying social imaginary and more as a cost-free form of politics attuned to the needs of late capitalist, consumer societies.The essays collected here are developed from a research seminar entitled "Diversity, Human Rights and Participation" organised by the Partnership on Youth between the Council of Europe and the European Commission. The studies gathered here are embedded in 10 different national contexts. They track dimensions of 'diversity' in education, social services, jurisprudence, parliamentary proceedings and employment initiatives, and assess their significances for the social actors who must negotiate these frameworks in their daily experience.

What is the role of ethno-cultural groups in human rights discourse? Under international human rights law, standards are unclear and ambivalent, while traditional analyses have often failed to elucidate and unpack the conceptual, legal, and policy complexities involved. In Ethno-Cultural Diversity and Human Rights, prominent experts chart new territory by addressing contested dimensions of the field. They include the impact of collective interests on rights discourse and nation-building, international law’s responses to group demands for decision-making authority, and concerns for immigration, intersectionality, and peacebuilding. Drawing from diverse scholarship in international law, legal and moral philosophy, and political science, this volume will be essential reading for scholars and practitioners of human rights, diversity, and conflict management.

The equality jurisprudence of the Court of Justice of the European Union has long drawn criticism for its almost total reliance on Aristotle’s doctrine that likes should be treated like, and unlikes unlike. As has often been shown, this is a blunt tool, entrenching assumptions and promoting difference-blindness: the symptoms of simplicity. In this book, Richard Lang proposes that the EU’s judges complement the Aristotelian test with a new one based on Michael Walzer’s theory of Complex Equality, and illustrates how analysing allegedly discriminatory acts, not in terms of comparisons of the actors involved, but rather in terms of distributions and meanings of goods, would enable them to reach decisions with new dexterity and to resolve conflicts without sacrificing diversity.