A Dialogical Concept of Minority Rights

Copyright

Dedication

Contents

Preface

Introduction

1: Group Rights: Laws, Concepts, Contestations

1 Historical Evolution of Group Rights

2 Laws: International, Regional, National

2.1 The United Nations and Minority Protection

2.2 The Council of Europe and Minority Protection

2.3 The osce and Minority Protection

2.4 The European Union and Minority Protection

2.5 Minority Rights Protection in Other Regions of the World

2.6 What’s Wrong, What’s Right, What to Expect?

3 Concepts: Legal, Political, Social

2: Liberal Ideals, the Nature of Identity, Minority Rights: Towards a Fusion of Group Rights and Individual Rights

1 Taxonomies of Group Rights (Claims)

2 Necessity of Group Rights

3 Theoretical Validity and Moral Defensibility of Group Rights

4 Group Interests, Illiberal Group Rights, the Principle of Toleration

5 The Dialogical Nature of Identity, of Minority Rights

6 ‘Proximity’ and a Dialogical Concept of Minority Rights

3: A Dialogical Translation of the Concept of Minority Rights

1 Substantive, Procedural, Dialogical: What’s In a Name?

2 Legitimacy of Law and Dialogical Minority Rights

3 A Dialogical Concept of Minority Rights

(1) Rights against the State and Rights against the Group

(2) Rights to External and Internal Dialogue vs. Freedom of Expression

(3) Substantive Collective Minority Rights with a Dialogical Dimension

4 Minority Rights and their Prioritisation

5 Conclusion: Contextualising Dialogic Processes in Law and Society

4: Minority Rights against the State

1 Minority Rights Held by the Group against the State

(1) Rights to Self-determination and Autonomy

(2) The Limits of Toleration and the Boundaries of Autonomy

(3) Rights to State Assistance and Appropriate Intervention

(4) The Collective Right to External Dialogue

2 Minority Rights Held by Members of the Group against the State

(1) Individually Held Rights to Cultural Belonging

(2) Rights to State Assistance and Appropriate Intervention

(3) Individual Right to External Dialogue

3 Conclusion

5 Rights against the Minority Group

1 Why is this Limb of Minority Rights Necessary?

2 The Right to Equal Concern

3 Well-being, Happiness, and the Right to Internal Dialogue

(1) Objective Well-being and the Right to Internal Dialogue

(2) Subjective Well-being and the Right to Internal Dialogue

4 Theory in Practice: Cases

Group 1: Cultural Dissidents’ Right to Internal Dialogue

Group 2: Minority Children, the Mentally Incapacitated and the Elderly

Group 3: Minority Women’s Right to Internal Dialogue

5 The Right of Exit

6: Group Agency and the Capacity to Self-govern: From Dependency, through Assisted Capacity-Building, to Meaningful Autonomy

1 Moral Agency, Capacity, and Group Rights

2 The Practical Necessity of Internal Decision-Making Bodies

3 Upgrading Self-governing Capacities

(1) Self-determination and Self-governance in International Law

(2) Interpretations of the Right to Self-determination: Three Approaches

(3) From Dependency, through Assisted Capacity-Building, to Autonomy

4 Conclusion

7: The Rights Culture vs. A Dialogical Rights Culture: The Conclusion

1 Minority Rights in the Human Rights System: Pros and Cons

2 Minority Rights and Dialogue: Limits, Challenges, Possibilities

3 Conclusion: The Rights Culture vs. A Dialogical Rights Culture

Diagram

Bibliography

Index