The heritage of the League of Nations’ minority protection system

This paper discusses the system of minority protection of the League of Nations. Minority protection occupied a prominent place on the League’s agenda, which developed a significant expertise in the field. The League’s system of minority protection is often regarded as an experiment. With regard to both material and procedural aspects this assessment is certainly correct. In particular, minority protection based upon legally binding treaties and declarations gave rise to the question of how individual and group rights should be treated within the frame of an international political organization. The paper further examines whether at least some of the elements of the League’s minority protection system still persist in the context of contemporary international human rights law.

The doctrine of the margin of appreciation as a tool of relativisation of freedom of religion.

The objective of the paper is to determine the implications for the interpretation of Article 9 of the European Convention on Human Rights resulting from the Court’s affording to national authorities the wide margin of appreciation when deciding whether in a given case there is a need to limit the exercise of freedom of religion. The use of the doctrine of margin of appreciation in such cases is justified both by the lack of an all-European consensus as to the proper model of relations between the state and religious communities and by divergences of views and traditions concerning the importance and impact of religion in the society. In consequence, the Court holds that restrictions on freedom of religion on grounds of the principle of secularism, which in some countries has a rank of a constitutional principle of the political system, are compatible with the Convention. This is the case eve where establishing a link between the restriction of this kind with any of the legitimate aims outlined in Article 9.2 of the Convention is highly disputable, if not impossible. Moreover, the excessive use of the doctrine of margin of appreciation in this context makes the protection level of freedom of religion contingent on prevailing ( not always rational and free from prejudice )views and attitudes towards some forms of manifestation of religious beliefs. This outcome, however, is difficult to reconcile with values underlying the Convention and the need for minority protection

Minorities Treaties and Mandatory Regimes

The post–World War I treaties of Versailles, Sèvres, and Lausanne collectively created two related frames for ongoing Allied control over unreliable territory: a system of “minority protection” in the new and fragile states of eastern Europe, and a neocolonial regime of externally monitored “mandates” in the Mashriq and elsewhere, with both systems falling under the jurisdiction of the newly constructed League of Nations based in Geneva. This article explores how the architects of the peace agreements developed the concepts of minority rights and mandatory responsibilities in conjunction, as a way of codifying, formalizing, and legitimizing restrictions on sovereignty along immovable racial lines.

Restoring (Old) Questions of Sovereignty under the Cover of Minority Protection?

Minority groups are often the subject of studies dealing with sovereignty and European integration. A now also common topic in political science is the rise of populist movements. Scholars study both of these issues extensively, but little research has been done on their nexus. Against this background, this article looks at the current sovereignty discourse in the minority area of South Tyrol. Even though three linguistic groups peacefully co-exist in the Italian province, various calls for dual citizenship have arisen. The possibility of acquiring an Austrian passport became a salient topic, especially since the övp/fpö government of Austria. Using the discourse-historical approach, the authors contextualize medial discourses with social-cultural context information. Results suggest that local media are disseminating a discourse regarding dual citizenship that largely differs from the opinion of the majority of the population, but corresponds to that of the populist actors who seem to fuel the issue.

Religious Minorities in Asia: Between the Scylla of Minority Protection and Charybdis of Religious Freedom Rights?

This article examines the intersection of religious freedom and minority protection within the Asian context. It argues that, to the extent that a focus on minority protection draws greater attention to the collective and communitarian dimensions of religious practice, it has the potential to enrich the discourse on religious freedom protection. I identify three areas of possible convergence—first, where a minority-focused regime leads to a richer understanding of the intersections between culture, language, and religion; secondly, where a focus on minority protection leads to positive measures by the state to protect religious minorities; and thirdly, where a minority regime founds a right of religious minorities to political participation. Nonetheless, I will also point out that there are limits to minority protection. It may even be a double-edged sword, as it serves to reify differences with the rest of society and risks permanently marginalizing the group as a minority. This could be the case even if there are institutional designs, formal or informal, to provide for religious minorities’ political participation.

How to Strengthen Protection of (Religious) Minorities and Cultural Diversity under EU Law: Some Lessons from Human Rights Protection System

The paper is split into two parts. The first part starts with the analysis of Views adopted by the UN Human Rights Committee on Yaker and Hebbadi v. France cases concerning the French Act prohibiting the concealment of the face in public. These Views are then compared with the judgment S.A.S. v. France delivered by the European Court of Human Rights on a similar case. This comparison shows that the principle of non-discrimination and, in this vein, intersectional discrimination play a critical role in assuring the effective protection of Muslim women wearing religious clothing. Analysis of S.A.S. is completed by highlighting the most relevant weaknesses of religious minority protection in the case-law of the European Court of Human Rights. Some references are also made to freedom of religious clothing in the workplace, underling the critical role that can be played in this regard by the duty of reasonable accommodation. The second part identifies the most significant shortcomings characterizing the protection of religious minorities under European Union law. In conclusion, this paper tries to highlight which lessons can be learnt from the human rights system—examined in the first part—in order to strengthen minority protection in the EU.

On Aims, Means, and Unintended Consequences: The Case of Molla Sali

This contribution speaks to this Special Issue’s guiding question of how the approach to freedom of religion and minority protection can be combined to foster the protection of religious communities and their members by examining a particular European Court of Human Rights (ECtHR) case that provokes a contrasting question: ‘What happens when provisions for religious minority protection lead to the violation rather than protection of members’ rights?’ That case is Molla Sali v. Greece (2018), in which the ECtHR addressed the claim of a member of a Muslim minority community whose membership in that community subjected her—involuntarily—to the authority of sharia law over inheritance matters. The case serves as a foundation from which to explore the ECtHR’s engagements with the Framework Convention for the Protection of National Minorities, an exploration which helps bring to the fore the problems around the concept of ‘voluntary’ opting into identification with a minority identity when the latter entails some form of disadvantage. Women, in particular, due to family and peer pressures, are vulnerable to such disadvantage in contexts such as that from which the case of Molla Sali arises. Thus, the case invites discussion of various ways in which individual and group rights may come into conflict and considers minority rights specifically in relation to other human rights.

The problem of asymmetric representation: The marginalisation, racialisation, and deservedness of Roma in Slovenia

Special rights (such as a right to representation) are often used to address under-representation of minority and marginalised groups in political institutions. The case of Roma community in Slovenia is no different. Using a framework of social and political marginalisation, our article outlines asymmetry and exceptionality in the existing minority protection provisions for Slovenian Roma. We argue that the existing provisions are a consequence of majority’s perception of Roma as racialised, marginalised, and undeserving group. We show that the limited access to special rights for Roma is not an oversight in the Slovenian democratic institutional design but a result of deep-rooted stereotypes and racialisation that this marginalised group is subjected to. More broadly, the case of Slovenian Roma demonstrates how principles of racialisation and marginalisation can help us understand absences of different marginalised minority groups from frameworks of special protection.