Auswahl der wissenschaftlichen Literatur zum Thema „Minorities – Legal status, laws, etc. – India“

The protection of the rights of minorities remains an important challenge for both Pakistan and India. There are many violent public events towards minorities coupled with the failure of the Government to ensure the protection of their life and properties in both countries on various occasions. This study aims to investigate the constitutional and legal status of minorities in Pakistan and India. Since the nature of the topic is immeasurable in nature, a qualitative research approach through comparative analysis is carried out. The population of minorities in both countries is quantified through Pakistan's population census in 2017 and India's population census in 2011. The study highlights the presence of various provisions that are discriminatory in nature and presents a comparison of textual differences and similarities between the current constitutional provisions related to minorities in both countries. The study further indicates that the Constitution of the Islamic Republic of Pakistan, 1973, specified the minorities as religious minorities and ensured freedom in religious, social, and political matters, and the State is made liable to guarantee such freedom to the minorities. The Constitution of India, based on the philosophy of a secular state, assures equal opportunities to minorities, but the separate laws and regulations in different states make the religious minorities concerned about the secular philosophy. On the ground, both countries need to revise the constitutional provisions that lack clarity with regard to the rights of minorities. It is also important for both countries to ensure the implementation of current fundamental rights given in the Constitution, realize the importance of the welfare of minorities, and take the right policy and legislative interventions to protect the rights of minorities in Pakistan and India.

The peculiarities of the formation and development of legal status of national minorities, who were on Ukrainian territory during the studied period and were engaged in various types of economic activity, as well as the influence of the general imperial and local legislation on certain aspects of the life of national minorities, have been investigated. The regulatory and legislative acts that determined the legal status of various national communities have been analyzed. The conditions and circumstances under which the process of forming the legal status of national minorities on the territory of Ukraine took place during the 19th century have been shown in general terms. Changes in imperial legislation have been demonstrated depending on the attitude of the current government to certain events in the empire, which ranged from providing comprehensive assistance and support to a restrained attitude, and sometimes to open persecution, introduction of economic restrictions, confiscation of granted lands, etc. This was the case with representatives of the Jewish, German and Polish national minorities. Particular attention has been paid to such legislative documents of various levels as the Regulations on the settlement of Jews, the Regulations on Jews, the Instruction of the Office of Guardianship of Novorossiysk foreign settlers, the Statute on foreign colonies in the empire, the Laws “On the lease of landed property to foreigners for up to 36 years”, “On restricting the right of Catholic peasants to acquire land property in nine Western provinces”, “On the analysis of the gentry in the Western provinces and on the arrangement of this kind of people”, Regulations on the Main Department of Colonists of the Southern Territory, etc. It has been shown that the imperial power fully supported the actions aimed at the gradual assimilation and Russification of national communities, increased social tension, thereby weakening the tendency of the formation of national political forces.

This article analyses the legal methods used by various States to promote the linguistic diversity of national minorities and linguistic groups. The paper examines the experiences of some States (Russia, India, Switzerland, Spain, Canada, etc.) on the impact of language policies on the unity and integrity of States or the neglect of those policies, leading to secessionist and centrifugal tendencies. The aim of the study is to show that it is appropriate for the political authorities to establish a policy of respect for the linguistic diversity of the peoples of the countries concerned. On the basis of the study, the author concludes that respect for and protection of linguistic diversity is a key element in the issue of self-determination of peoples.

With the development of information and technology, our lifestyle has become such that one cannot live without using the internet, mobile phones, laptops, android phones applications etc. Due to this, human beings become exposed and knowingly or unknowingly share their personal data on these platforms. In this way, their right to privacy which is one of the aspects of the right to live with dignity, comes at stake. Privacy being a basic human right, we must recognize that a vision protective of information privacy in cyberspace will be singularly hard to maintain. The protection of the privacy interests of netizens is is in their hands. If netizens refuse to disclose their data, marketers have to employ technical measures which can be legally prevented. Objectives: The paper attempts to identify ways by which privacy is at risk to breach. The paper also aims to analyze the legal provisions available to maintain the privacy of any human being. Methodology: The paper is based on secondary information extracted from court cases, bare act of cyber-related laws, the constitution of India and press releases. The article will follow an analytical approach to understand the status of privacy in Indian laws. Main Findings: The major finding of the paper is that the unavailability of a specific law, rules for privacy is exist in the Indian legal system Implications: Digital revolution is now on full pace. Things are being virtual, digital life replacing physical one. People appreciate the digital avatar of social media because of breach of privacy if users do not follow due safety measures. This study has importance recognizing the importance of privacy in the course of maintaining the dignity of people. This study also inevitable in the legal sphere to identify legal remedies in case of breach of privacy. Novelty of Study: This study is original as it attempts to create an awareness regarding how privacy of an individual is important and should be kept unopened for strangers.

The peninsula of Athos in Chalkidiki became a center of organized monachal life in monasteries in the year 963, when with the initiative of the Byzantine emperor Nichephorus Phocas the Monastery of Great Laura was founded. Since that time Mount Athos (=MA) became the "Holy Mountain" and has attracted the moral and material support of the Byzantine emperors, various Orthodox countries and the flock till today. During this long period of more then one thousand years, MA was armed with a privileged legal status, the existence of which continues till now. The legal status of MA is based on three foundations: I. The law of the Hellenic Republic, II. The Public International Law, and III. The European Law. I. Fundamental significance for the status of MA have the provisions of article 105 of the Greek Constitution. Then is the Charter of MA, which is drawn up and voted by the Athonite monachal authorities and afterwards ratified by the Ecumenical Patriarchate of Constantinople and the Greek Parliament. The Charter is a law of superior formal force in comparison to the other laws. According to the Constitution and the Charter, MA has an ancient privileged status and is a self-governed part of the Greek State, whose sovereignty remains intact. Spiritually MA is under the direct jurisdiction of the Ecumenical Patriarchate, direct in the sense that the Ecumenical Patriarch is also the local bishop of MA The territory of the peninsula is exempt from expropriation and is divided among the twenty Athonite monasteries exclusively. The administrative power lies in self-administration of the first and the second degree. The first is exercised by the ruling twenty monasteries. This number may not be changed, nor may their position in the preeminence, nor towards their dependencies (skates, cells, hermitages). Nowadays all the monasteries are coenobitic, i.e. the monks share a common life and have no private property. The monasteries are administered by the abbot, the Elders' Assembly and the Brotherhood. Second degree administration is operated by: 1. the Holy Community. It is comprised by twenty monks members, each of whom represents one monastery, 2. the Holy Community's executive organ is the Hiera Epistassia, which comprises four monks drawn annually from four monasteries in rotation. The leader of the Hiera Epistassia is called the First (= Protos). The Hiera Epistassis also performs specific duties as police force, police court and municipality of Karyes, the capital town of MA The legislative power is in the hands of: 1. The Holy Community as far as concerns the Charter of MA, 2. the Extraordinary Biannual Twenty-Members Assembly, which draws up the regulative provisions, and 3. the Greek State, as far as concerns: a) the rights and the duties of the (civil) Governor of MA, b) the judicial power of the Athonite authorities, and c) the custom and taxation privileges granted by the State to MA The judicial power belongs to: 1. the monastic courts (the abbot with the Elders' Assembly), 2. the Holy Community, 3. the Hiera Epistassia, and 4. the Ecumenical Patriarchate. The observance of the regimes is in the spiritual field under the supreme supervision of the Patriarchate and in the administrative under the supervision of the State, which is also exclusively responsible for safeguarding public order and security. These responsibilities of the State are exercised through the (civil) Governor of MA, whose rights and duties are determined by common law. All persons leading a monastic life in MA acquire the Greek citizenship without further formalities, upon admission in a monastery as novices or monks. Also persons who are not Orthodox Christians or they are schismatic Orthodox are prohibited from dwelling in MA II. The first international treaty that recognized an international protection of the MA status was that of San Stefano (1878), but only for the Russian monks. The Treaty of Berlin (also 1878) recognized the same protection for all the monks who were not borne in the Ottoman empire. Its article n? 62,8 was as follows: "Les moines du Mont Athos, quel que soit leur pays d'origine, seront maintenus dans leurs possessions et avantages ant?rieurs et jouiront, sans aucune exception, d'une enti?re ?galit? de droits et prerogatives". This provision was repeated in the special treaties of S?vres (1920) and then in the protocol of the Treaty of Lausanne (1923). These treaties safeguarded the rights and the liberties of the non-Greek monastic communi ties in MA as follows: "La Gr?ce s'engage ? reconna?tre et maintenir les droits traditionnels et les libert?s, dont jouissent les communaut?s monastiques non grecques du Mont Athos d'apr?s les dispositions de l'article 62 du trait? de Berlin du 13 juillet 1878". The same provision has been repeated in the Legislative Decree of 29.9/30.10.1923 "On the Protection of Minorities in Greece", article 13. III. Because a lot of provisions of the MA law are opposite to the principles of the European Union (for example the clausura to women, the special license in order to visit the peninsula, the taxation and customs privileges etc.), Joint Declaration n? 4 concerns MA was included in the Final Act (1979) of the Agreement concerning the accession of the Hellenic Republic in the European Economic Community, now-a days European Union. According to this Declaration, recognizing that the special status granted to MA, as guaranteed by the Greek Constitution, is justified exclusively on grounds of a spiritual and religious nature, the Community will ensure that this status is taken into account in the application and subsequent preparation of pro visions of Community law, in particular in relation to customs franchise privileges, tax exemptions, and the right of establishment. .

AbstractManaging the issue of a Muslim minority has been an important question for some Western democracies over the last 50 years, and different states have implemented varying frameworks to grant some sort of group autonomy to Muslim minorities in a show of support for diversity. In recent years, however, scholarly analysis of these frameworks has exposed some of the vulnerabilities women from Islamic minorities face when navigating personal status systems. This article explores some of those frameworks and the ways democratic nations grapple with the rights granted to women under a human rights agenda, and the conflicting tension between these rights and the rights of women in Islamic personal status law. This article will focus particularly on Islamic inheritance laws and the way these laws interact with the legal systems of India and the United Kingdom. Part I will address the conflict between theories of liberal multiculturalism and feminism, and discuss the common desire for Muslim minorities to exercise some sort of control in the areas of personal status laws (being marriage, divorce, custody and inheritance). Parts II and III seek to contextualize and outline women’s rights within both the general international human rights framework and the Islamic inheritance law framework. Parts IV and V will then explore the two different ways that India and the United Kingdom grant autonomy to Islamic minorities and address vulnerabilities women face in a human rights context. Analysis of these systems will show that it remains questionable whether they comply with each country’s international law obligations. Finally, Part VI of this article will outline a proposed working model drawing on Shachar’s intersectionist approach to recognize and prioritize the multiple identities of Muslim women and the necessity for inter and intra group dialogue in resolving tensions between minority rights and the rights granted to women within the human rights framework.

The ever-controversial issue of sexual minorities and homosexuality has remained contentious since the very term was introduced, primarily because it has been seen as unnatural and does not correspond with what society as well as the legal norms prevailing in the society, define as ‘normal’. It becomes imperative to briefly examine the development of the laws governing these populations and their impact on the societies’ evolving attitudes towards homosexual relationships and transgender, to show the progress of the gay liberation movement and its effects on formulation of the laws in the society. Aside from the judgment of the heterosexual world, many myths about homosexuality have been imagined. Thus, with this backdrop on the issue at hand, the authors aspire to analyze and attempt to unveil these myths, arguing about the welfare and protection of these classes of individuals who fight a daily battle to secure their identities in the society we dwell in. The authors strive to comprehend the legal status of the LGBT communities across the globe and compare their plight to that in India, to critically analyze their legal rights and interests and ensure the level of implementation in the various regimes, to comprehend the various judicial measures that have been undertaken to safeguard the very existence of such communities, and conclusively enunciate the various lessons that could be learnt from the ongoing judicial trend and how the same may be put in application considering the Indian modus operandi. The authors aim to dig deep into the concerns where these aversions in relation to homosexuality can be reversed and the society could evolve as broad-minded, understanding the concerns of such persons who live under the constant apprehension of being ‘found out’ and the various forms of discrimination and atrocities that they have faced and are still facing under the present Indian legal regime. Keywords: sexual minorities; homosexuality; legal status; judicial trends; India

The world has become a global village and distance is no more the challenge. The direct impact of this positive change can be seen in interaction of various citizens of different countries belonging to diverse social, cultural and religious background. But cross border movements, inter-country migration and cross border marriages creates a new challenge like inter parental child abduction. In case of cross border broken marriages, there arise various issues like infringement of spouse’s parental rights, parallel conflicting legal disputes in different countries, non participation of various countries to Hague convention for welfare of children, isolation of child in foreign abodes due to connection with Indian soil, etc. Inter parental child abduction is neither considered as an offence, nor it is covered under any statutory laws of India. Like 94 nations, India is not a signatory to The Hague Convention on Civil Aspects of International Child Abduction, 1980, a multi lateral treaty developed by Hague Conference on Private International Law. Due to its non signatory status the judges of foreign countries do not trust Indian courts and do not permit the parent to take child to India, fearing its non-return. In absence of any international legal instrument, the litigating parents will have to bear unnecessary expenses of visa, travel, litigation, etc and unfortunate child will become a trophy to be won in the clashes of egos of litigating parents.

Transgender people are discriminated based on their gender identity, especially, in the societies of South Asian countries. The legal recognition of this ‘third sex’ had to wait long in countries like India, Pakistan, Nepal and Bangladesh. The human rights of these people are being violated in every sector although having been recognized as ‘citizens’ by their respective governments. Many countries have already started to let them get involved in different social and economic activities. In 2013, the Bangladesh government declared the status of the third gender to the transgender people of its territory. This recognition was aimed to protect all the human rights of the third gender enabling them to identify their gender as ‘Hijra’ in all government documents and passport. Section 27 of the Constitution of Bangladesh states that ‘All the citizens are equal before the law and are entitled to equal protection of law’. But the legal protection of the human rights of the newly recognized third gender is questionable till now. The Prevention of Oppression against Women and Children Act, 2000 describes the rights of only women and children. In Bangladesh, the transgender people are becoming rape victims everywhere but unlike women and children, their rape cases never get filed as the police officers do not even believe that anyone can rape these third genders. This social taboo and negligence are costing the sexual minorities their human rights like legal protection. Therefore, it has become important to address this issue to create social awareness which might induce the urgency to practice equal laws for every gender identity. In this paper, a critical analysis of the human rights of Bangladeshi transgendered people has been performed. Finally, the human rights condition of transgender people of Nepal and India is also discussed.

Life below water is a complex, varied and important part of our planet. An aquatic ecosystem includes freshwater habitats like lakes, ponds, river, ocean and streams, wetlands, reefs etc. It plays a vital role in regulation of the climate, act as home to a vast number of species, and provide resources upon which human communities depend. This research paper delves into the assessment of Sustainable Development Goal 14 (Life Below Water) in the context of India. It discusses the components, threats and measures to alleviate the hazard of polluting marine environment. Examining in depth the history of UN on sustainable development goal 14, agreements and protocols signed, analyzing the conferences held in countries across the world including India, laws enacted by several countries across the world , pacts signed at international level. It explores the challenges, legal framework drawn, efforts and initiatives undertaken by the Government of India, roles played by the people in safeguarding aquatic ecosystems, including marine, ocean, and river bodies by collecting and compiling the relevant data from various national and International Agencies for analyzing and hypothesizing the poor condition of Life Below Water. Drawing from extensive research data collected in 2023, regarding India and the world, this study offers valuable insights into the current status of marine conservation and aquatic resource management in India.

In an era of globalisation, often described as the era of mobility and of the decline of the relevance of territory, the Roma and the Travellers embody a transnational and non-territorial society. Yet this minority group experiences deplorable living conditions and the survival of its culture is endangered. A study of minority protection mechanisms in international law reveals that the grasp of territory and "sedentarism" has far from disappeared from this branch of law. Territory (or the absence thereof) and movement are the main challenges faced by international law in the development of solutions to the situation of the Roma and the Travellers. In light of the failure of current minority protection regimes, the quest for recognition of a "Roma nation" appears to be an avenue worth exploring. However, while the Roma may not fall clearly within the parameters of minority protection, they do not fall clearly within the concept of nation either. When examining the potential of such recognition, one realizes that it is necessary to redefine the right of self-determination in the context of minority protection and in a transnational and non-territorial perspective.

Defence date: 25 February 2022
Examining Board: Prof. Bruno de Witte (EUI and Maastricht University); Prof. Gábor Halmai (EUI); Prof. Joxerramon Bengoetxea (University of the Basque Country); Prof. Xabier Arzoz (UNED Madrid)
This dissertation addresses the legal framework and social embedding of the Basque language. As a minority language located between two European states (France and Spain) with different approach towards minority languages, the task of understanding the legal framework of the Basque language and its relationship with the community of speakers is challenging. In fact, this legal framework results in a vast array of legal rules for Basque speakers. This research examines the fundamental and linguistic rights of these minority language speakers (norm users), from international and European legal frameworks to national or regional ones. It carries out a comparative analysis between France and Spain, and between the three Basque regions to examine the legal framework. This doctrinal analysis is complemented by the study of key actors participating in the context and implementation of the legal norms regulating the Basque language. An emphasis is placed on the analysis of the relationship between the legal framework of the Basque language and the Basque society, applying a sociolegal methodology. By focusing on the examples of education and media, this thesis aims to shed light on the relationship between law and context in the case of the Basque language. It displays the tension and collaboration between norm givers and norm users in the case of a minority language. Studying the examples of education and media exposes the difficulties that Basque speakers face, as well as their commitment to the survival of their language. At the same time, progressive legal frameworks for Basque have enabled the creation of linguistic policies favouring the recovery and development of this language, where active collaboration between the three Basque regions is increasing. Ultimately, this research showcases a contextualised understanding of the legal framework of the Basque language, telling the story of this minority language in law.

The protection of the rights of sexual minorities in Africa is a controversial issue. It is not unusual to find newspaper reports on gross violations suffered by this minority group. Gays and lesbians are victims of violence, sometimes resulting in death. Sexual minorities in Africa are often confronted with government actions such as those of the Nigerian government that recently submitted to the parliament a Bill to make provisions for the prohibition of relationships between persons of the same sex, celebration of marriage, registration of gay clubs and societies and publicity of same sex relationships. The objective of this study was to suggest possible legal protection and recognition of sexual minority rights under the African human rights system.

Modern parliaments are mostly compared to the top echelon of the society.The unfairness of the representation still holds true even where free, fair and periodic democratic elections are held. PWDs constitue the largest minority group accounting for 15.6% of the world's population. In Ethiopia approximately the same percentage of the population is disabled though nor fairly represented in the political system.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM

In India, the Hindu Succession Rights Act of 1956 allows the widow, the daughters, alongside the sons of the deceased senior male, to claim an equal share in familial property. By giving inheritance rights to daughters and widows, and not exclusively to sons, this Act proposes a radically different organization of the ideal patrilineal household, commonly referred to as "the Hindu joint family". The Act initiates a transformation of Hindu women's status through their rights to property, which implies the transformation of women's rights and duties in India.
Drawing on the analysis made during an extensive fieldwork period in a rural community and case studies in Pune tribunals, this thesis shows that women generally know that they have some rights to their father's and husband's property. However, for various reasons, they do not see any advantage in claiming their inheritance rights. Women often find it difficult to reconcile claiming rights with their duties as daughters (or daughters-in-law) and the social restrictions associated with widowhood. In addition, the complex relationships with the state bureaucracy often prevent them from their right to access property. In that context, before choosing a forum of justice, most women (and men) will first opt for conflict avoidance.
This socio-legal ethnography of women's succession rights, in the state of Maharashtra, is an anthropological contribution to the study of the dynamics of social cohesion in an environment where legal pluralism is itself in transition.

Defence date: 13 December 2007
Examining Board: Prof. Bruno De Witte (EUI); Prof. Paul Lemmens, (Katholieke Universiteit Leuven); Prof. John Packer, (University of Essex); Prof. Wojciech Sadurski, (EUI)
Awarded the Mauro Cappelletti Prize for the best comparative law doctoral thesis, 2008.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
This doctoral thesis aims at investigating this new international right of persons belonging to minorities to effective participation in public affairs. What is its content? What is its justification and what is it aiming at? Are there any limits to its implementation and what kind of problematic issues are involved? The example of Bosnia and Herzegovina as described above illustrates that organising representation along ethnic lines raises challenging questions. These will be explored in this PhD.Our investigation of the right of minorities to effective participation in public affairs will run through five chapters: Chapter 1 will outline the theoretical framework; Chapter 2 will examine the political rights in the general human rights instruments; Chapter 3 will study the provision on effective participation in public affairs in the three key minority rights instruments of the 1990’s; Chapter 4 will look at the range of possible domestic mechanisms implementing the right of minorities to effective participation in public affairs through a comparative national law approach; and Chapter 5 will illustrate Chapter 4 by zooming in on three case studies, namely Belgium, Italy and Hungary.

The purpose of this study is to understand the nature and scope of protection of minority languages and assesses how international human rights law can protect minority languages in Africa. Focuses on three questions: (1) What is the normative content of language rights?, (2) To what extent does the African human rights system protect minority languages? and 3) What measures can be taken at the national and regional levels to improve respect for and protection of minority languages in Africa?’
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr E.Y. Benneh of the Faculty of Law, University of Ghana.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

The debate stirred by the recent appointment of a chief justice and deputy chief justice under the judicial reform process envisaged in Kenya‟s new Constitution has, once again, brought to the fore the attitude surrounding sexual minorities. A section of religious organisations and citizens rejected the nominees because they perceived the duo to either belong to or to support sexual minority groups. The hostility and antipathy directed at the two is not new. In recent times, the clergy and state officials have been quoted calling for the arrest of gays. It is common for perceived homosexuals and lesbians to be harassed because of their sexual orientation. Support for the rights and welfare of this group draws quick condemnation. In October 2010, a minister who stated that there should be HIV/AIDS mitigation programmes for lesbians and gays was sharply criticised by religious leaders who termed her remarks „satanic‟ and „contrary to African culture‟, and called for her dismissal.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM