Anyela Cristina Urrego SarmientoDefinition und Schutzbereiche der ethnischen Minderheitenrechte

About this book deutschenglish

The legal status of ethnic minorities pertains to different aspects of national legal systems, but also to international human rights. Art. 27 of the International Covenant on Civil and Political Rights (IPbpR) of December 19, 1966 provides that states with ethnic, religious or linguistic minorities may not be denied the right to share their own cultural heritage, to live out their cultural heritage, to profess and practice their own religion or to use their own language with other members of their group. Art. 27 IPbpR has been ratified by both Germany and Colombia. In the Federal Republic of Germany, this ratification took place on December 17th, 1973, and in Colombia, on October 29th, 1969 through Law Number 74 of 1968. Because both countries belong to the signatory states of the International Covenant on Civil and Political Rights, and because there exist regulations in the national legal systems about the position of ethnic minorities in both Nations, it was possible to comparatively look at the laws.

After an introduction to the topic, including description of the methods used for comparisions and outlines the definitions and interpretations of Art. 27 IPbpR, the work gives an overview of minority rights based on German law, and is followed by a closer look at individual minorities. The legal situation of the Danish minority in Schleswig Holstein, the Frisian minorities in Lower Saxony and Schleswig Holstein, the Sorbian minoritiess in Brandenburg and Saxony and the Sinti and Roma in Germany are examined.

Minorities living in Colombia are examined in a similar fashion starting with an introduction to Colombian law followed by a description of the indigenous communities including the Comunidades negras, the Raizales and the Roma are analyzed. The main aim of the research was to use the German and Colombian legal frames to reflect on the contribution of legal systems for jurisprudence as well as what difficulties and challenges exist.

Ihr Werk im Verlag Dr. Kovač

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