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

Publisher: Brill | Nijhoff
Date of Publication:
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Product details:

No. of pages:280 pages
Size:235x155 mm
Weight:620 g
Short description:

This book casts light on jurisprudence affecting the rights of minorities and indigenous people.

Long description:
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.
Table of Contents:


1 Introduction

  Bertus?? ??de Villiers??????

2 The Mabo
-Decision and the ?Discovery? of Native Title in Australia and Beyond


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???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