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EN
The situation of Muslim immigrants in certain West European countriesThe article argues that the significant mobility of Muslim minorities in France, Germany and the United Kingdom resulted from an increasing need to improve the economic life of immigrants, family reunification, and the possibility of getting permanent residence through marriage with permanent residents of the mentioned countries. The situation of Muslim immigrants in the host country is regulated by individual state and European union law. Each country establishes its own laws concerning social and religious life and the possibility of obtaining citizenship. Muslim populations acquire legal status and uphold the law of the host country, often defending themselves against ill-treatment by referring to abuses in criminal cases.The integration of Muslim immigrants with Europeans has numerous difficulties as a result of cultural and religious differences. Immigrants tend to live in their own tight grouping, often isolating themselves from the society of the host country. The Muslim community will exceed 20% of population over the next 40 years. Europe will become a continent with a significant Muslim minority. This will contribute not only to major demographic changes but also cultural, economic, political and social ones in Europe in the future.
EN
The article argues that the significant mobility of Muslim minorities in France, Germany and the United Kingdom resulted from an increasing need to improve the economic life of immigrants, family reunification, and the possibility of getting permanent residence through marriage with permanent residents of the mentioned countries. The situation of Muslim immigrants in the host country is regulated by individual state and European Union law. Each country establishes its own laws concerning social and religious life and the possibility of obtaining citizenship. Muslim populations acquire legal status and uphold the law of the host country, often defending themselves against ill-treatment by referring to abuses in criminal cases. The integration of Muslim immigrants with Europeans has numerous difficulties as a result of cultural and religious differences. Immigrants tend to live in their own tight grouping, often isolating themselves from the society of the host country. The Muslim community will exceed 20% of population over the next 40 years. Europe will become a continent with a significant Muslim minority. This will contribute not only to major demographic changes but also cultural, economic, political and social ones in Europe in the future.
EN
Empirical research on support for democracy and democratic values in Eastern Europe has proliferated in the last decade and a half. Based on survey data from a recent, nationally representative survey of Polish public opinion, I contribute to this growing literature by exploring the dynamics of Poles’ support for the rights of political dissenters. Using multivariate regression analysis, I model the relationships between a variety of socio-political assessments and support for political dissenters’ rights. I find that Poles’ support for the rights of political dissenters is far from uniform and varies as a function of authoritarianism, approval of the government in power, anomie, education, and (marginally) gender. I conclude with a discussion of my findings’ implications for democratic consolidation in Poland.
EN
In this paper the relationship between parliamentary representation of nationalities and plural voting in Europe will be examined. First of all, it will be overviewed which European countries applied plural voting before 1945. Then the Hungarian legal scientists’ judge-ment of multiple voting before 1945 will be described and we ascertain when the Hungarian decision-makers intended to enact plural voting and how is it connected to minority issues. The Venice Commission’s opinion on the topic will also be detailed according to which plural voting is admissible only if it is in relation with representation of minorities and for the benefit of them. After this historical and theoretical overview, the practice of the only European country – Slovenia – applying plural voting on such a basis will be described. This paper also relates to the problem of plural voting and nationality in Hungary. The system of parliamentary representation of ethnic minorities in Hungary will be shortly analysed as well.
EN
Lusatia from the inside – a society through the eyes of Sorbian teachers, artists and politicians. A short survey based on research conducted in Bautzen and the surrounding area in November 2011Lusatia is a region in the heart of Europe. The Sorbs – a West Slavic nation, people who have lived in Lusatia for more than 1000 years, is not one homogeneous nation, but is divided into Upper and Lower Sorbs, with two dissimilar languages, two religions and two mentalities. I decided to rediscover Lusatia and talk with the people who are Sorbs. A one month stay in Bautzen was possible thanks to financial and scientific support from the Sorbian Institute (Serbski institut / Sorbisches Institut). Examining the past and current situation of the people in Lower and Upper Lusatia, I focused on their language, history and culture. In my studies I did not want to show the external image of the Sorbs, I did not try to create it either. All I wanted was to find out from the Sorbs themselves from which ‘elements’ does their individual identity originate. I was also interested to discover if Sorbs, as the smallest Slavic nation without their own country, feel more connected to a Sorbian origin, or perhaps to German citizenship.
EN
In the early 90s, significant changes in the political and geopolitical situation in Eastern Europe occurred inter alia the collapse of communist rule and the collapse of the Soviet Union. All this processes have caused also social, legal and organizational changes of the situation of national minorities in Eastern Europe. There have been the liberalization and empowerment of national minorities. After 1990 began to be formed many organizations which were connected with social, educational, cultural or political life of national minorities. But on the other hand the result of this changes was a revival of old conflicts in Eastern Europe. Although the Eastern European countries are in one body like the EU, the legal status of national minorities sometimes is quite different, for example in Poland and Lithuania where changes are caused by the historical conditions. Despite of the fact that in the past Poland and Lithuania have been one country, nowadays many facts are evaluated totally different by both sides. In Lithuania which is relatively a small country with low population, the national minorities represent a high proportion and this situation causes a lot of tensions. In Poland which is much bigger country with large population, minorities are a small percentage of the population and the rights of minorities are quite extensive. References 19. Figures 4. Tables 7. Summary in Lithuanian
EN
In the early 90s, significant changes in the political and geopolitical situation in Eastern Europe occurred inter alia the collapse of communist rule and the collapse of the Soviet Union. All this processes have caused also social, legal and organizational changes of the situation of national minorities in Eastern Europe. There have been the liberalization and empowerment of national minorities. After 1990 began to be formed many organizations which were connected with social, educational, cultural or political life of national minorities. But on the other hand the result of this changes was a revival of old conflicts in Eastern Europe. Although the Eastern European countries are in one body like the EU, the legal status of national minorities sometimes is quite different, for example in Poland and Lithuania where changes are caused by the historical conditions. Despite of the fact that in the past Poland and Lithuania have been one country, nowadays many facts are evaluated totally different by both sides. In Lithuania which is relatively a small country with low population, the national minorities represent a high proportion and this situation causes a lot of tensions. In Poland which is much bigger country with large population, minorities are a small percentage of the population and the rights of minorities are quite extensive. References 19. Figures 4. Tables 7. Summary in Lithuanian
EN
Economic and political changes in Europe, particularly in the last decade have led to an increase in the cultural diversity of its citizens. Latvia, which received a troubling legacy from the former Soviet Union – a diverse ethnic mix, also found itself EU. In 1989, after nearly fifty years of Soviet domination it regained its independence and stood on the way of reform and transition from a totalitarian to an independent style of governance. Among the many problems that appeared in front of this small country in 2004, there were also those that are lively debated in contemporary Europe. Some of them are laws for immigrants and minority rights. Analysis of past and present situation in Latvia seem to be particularly important to the events which have recently been seen in Ukraine which is an another country of the past Soviet Union – and after 1990 also the Russian – sphere of influence. Article deals with the integration process, with Latvian law regulating issues of citizenship, minority rights and the status of the state language as conforming to international standards. It also deals with the education of national minorities in Latvia. Bilingual education proposed to the minorities has goal to integrate the Latvian society as a whole, to build a multicultural state based on unity. Bilingual education also enables the acquisition of language skills allowing the free movement on the labor market. This ensures both the protection of ethnic and religious identity by providing the understanding of the language and culture of the country of residence. Problems of this young state are still waiting for a solution by the future government in Latvia. This small Baltic country, for ten years, is integrating multinational community of its own country into the tissue of Western Europe to which it was a stranger till the year 2004.
EN
More than two decades following the end of civil conflict made possible via Dayton Peace Accords (DPA) instated in 1995, Bosnia-Herzegovina still utilizes this international legal instrument as the sovereign’s official constitution. This paper addresses the impact that the international community’s failure to implement the appropriate locally considerate solutions needed to sustain peacebuilding has left behind. To this end, the paper highlights the quotidian ways in which the socio-cultural landscape of the Bosnian Federation and Republika Srpska remain stratified along ethno-religious divisions. Directing its’ attention on the practical aspects where minorities face discrimination and remain excluded from social spheres the paper calls for a necessary advancement on the human rights protection of safeguarding minority members in both of the country’s de-facto territories. In closing, it argues that society’s schism from the residual consequences of the DPA can be achieved through the practices of change-drivers taking advantage of their training and capacity-building skills in the forms of: inter-ethnic dialogue, inter-cultural reconciliation and inter-religious peace. Constructing competences which demonstrate respect for human rights, encourage co-existence and the equal integration of minority members in society also bear the potential to strengthen the currently fragile relations with the out-group community, reducing a society’s propensity for conflict regression.
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2009
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vol. 2
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issue 1(2)
99-112
EN
From the recognition of its candidacy status at the European Council Helsinki Summit in December 1999 to the start of accession talks in October 2005, Turkey has gone through a remarkable process of “Europeanisation” of its public policies to fulfil the candidate criteria. In this period, broad- casting has been one of the first areas that was subject to the European Union (EU) impact. By assert- ing its influence through the enforcement of democratic conditionality, specifically the Copenhagen criterion on “respect for and protection of minorities,” the EU required Turkey to lift all the restric- tions on the enjoyment of cultural rights in Turkey and allow broadcasts in languages other than Turkish, particularly in Kurdish. This article first develops a critique of EU democratic conditionality and then investigates the policy process behind this change in the language policy for broadcasting in Turkey. Turkey’s response to democratic conditionality was directly influenced by prevailing ideas about “the credibility of the EU” as well as calculations of the “costs of compliance.”
EN
This paper outlines the significance of a fundamental dilemma in qualifying minority rights in the 20th century during the three periods separated by the years 1918, 1945,1989, and it argues that there was the continuing contradiction between the principle of state sovereignty and territorial integrity on the one hand, and the recognition of national self-determination on the other hand. From the end of the WWI in 1918, ethnic or national minorities were also seen as a potential danger for keeping the peace. In this context the following questions are still relevant. Austrian national law (Nationalitätenrecht) was ahead of its time, and it has become clear today that concepts such as minority, autonomy and individual versus collective rights were addressed by legislation and discussed in both parts of the monarchy as early as the second half of the 19th century. The development of the status of minorities in Austria in the twentieth century was very interesting and it largely depended on the developments in the international political arena, on the role of Austria in the international community, and not least on the stability of the political system with its institutions and democratic progress. Only in 1976 a law was passed that recognized the rights of six autochthonous minorities. This law epitomizes the wish of the Austrian Government to unify the position of minorities in Austria. The Czech and the Slovak minorities have acquired the status of autochthonous minorities. Minority protection in Austria, however, applies only to those minority groups which are recognized as autochthonous minorities and at the same time possess Austrian citizenship. Migrants of different nationality, who come to Austria but ethnically belong to an autochthonous minority, cannot benefit from this protection.
EN
One of the direct results of the collapse of the former USSR was the emergence of centrifugal ethnic minority nationalisms, which posed a threat to the stability of the then newly-established (or restored in the case of the Baltic democracies) states. In this context, one of the mechanisms introduced by the leading elites in several countries (e.g. Latvia, Ukraine, Estonia, the Russian Federation) in order to address the minority diversity issue, ensure stability, and gain international support (in the case of the Baltic states) was a cultural autonomy scheme, which has its origins in the ideas of the late 19th century Austro-Marxist school of thought. This model was successfully implemented once in the past, in inter-war Estonia. However, its modern application, even in cases when it does not just remain on paper (such as in Latvia and Ukraine), seems to serve other motives (e.g. a restitutional framework in Estonia, control of the non-titular minority elites in Russia) rather than the satisfaction of minority cultural needs, thus making cultural autonomy a dead letter.
Human Affairs
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2011
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vol. 21
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issue 2
129-139
EN
The objective of this article is to consider how multiculturalism, minority rights, and nationbuilding have been defended by Will Kymlicka. For this purpose, I will first attempt to spell out the answers to the following questions: is it possible to defend minority rights in a liberal state? What is the problem regarding this defence of national minorities? Does anybody benefit from minority rights within a nationbuilding process? In order to find out the answer to these questions, I will first introduce the main line of thought found in Will Kymlicka’s views on the defence of the rights of national minorities, the nationbuilding process, and multiculturalism. Later, I will reassess the views of Kymlicka in finding the ways to defend national minorities with the aim of providing support to the minority cultures.
EN
The situation of the Bosniak minority in Sandzak – challenges and problemsAccording to the Population Census 2002, Bosniaks (as Bosnian Muslims have usually been called since 1993), constitute the second largest ethnic minority group in Serbia (136,000 people). They mostly inhabit the south-western end of the country, unofficially named Sandzak. The article focuses on the basic problems relating to how the Bosniak minority is functioning in this area. First of all, these issues include strong political and religious divisions (often sustained, and even inspired, by the central authorities), as well as, the dangers, as yet infrequent, resulting from the activity of organizations representing radical Islamic sects (the so-called Wahabis). An important part of the article is devoted to the issue of the lack of respect for the legally guaranteed cultural rights of the Bosniaks and the politicizing of problems under consideration, both by local elites, and by the central authorities. The author also briefly discusses the origin of the ethnonym Bosniak and the arguments concerning the name of the region inhabited by this minority.
EN
The ethnic landscape in the Baltic States is dominated by one large ethnic minority: Russians. Lithuania is an exception as here the first biggest ethnic minority are Poles, followed by Russians. The Baltic States have also significant Slavic minorities, such as Belarusians and Ukrainians. There are many barriers for people from different ethnic groups to overcome because the Baltic societies are segregated according to ethnicity across a number of dimensions: language, work and geography. During the Soviet period there were separate language schools, a system that reinforced ethnic separation. Labor market was also split along ethnic lines and a large proportion of ethnic minorities lived spatially segregated from the majority group and was concentrated mostly in urban centers. The impact of communist heritage and the construction of the post-communist state order had a negative impact on the integration process of the Russian minorities in those countries. The ethnic Russians had been heavily marginalized as many of them had no citizenship at all. As a result, they had limited access to labor-market and less social protection. However, the accession of the Baltic States to the European Union (EU) has succeeded in significantly changing policies with respect for and protection of minorities in the three Baltic countries. In the last years the ethnic Russians have in fact been partially accommodated through the consistency of the citizenship laws with the European Union norms, which precisely require the protection of minorities and respect for them. The aim of the study described herein is to investigate the historic roots of ethnic segregation between the native Baltic population and the Russian minority and show how the entry of the Baltic States into the EU has facilitated the process of promoting minority rights, especially from the perspective of granting citizenship right to Russian (and Polish) ethnic persons living in those countries.
EN
There is neither consensus whether the category of linguistic rights shall be distinguished, nor international agreement on the catalogue of such rights. Nevertheless, access to education in mother tongue constitutes a core element of most of the international and national frameworks of minority protection. Academic and legal disputes are particularly absorbing in Europe, where linguistic policies frequently intertwine with politics (e.g. Cyprus, Moldova, Ukraine). Thus, it is essential to pose the question, whether the right to education in mother tongue is always granted the equal scope of protection or is such protection differentiated by any additional criteria. Most of all, it shall be considered whether the analyzed right has an independent character or its protection is associated with perception of other fundamental rights and freedoms. This paper investigates the scope of the protection of this right within the framework of the Council of Europe.
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EN
This paper examines cultural aspects of the crime of genocide. Although the concept of cultural genocide was rejected by the drafters of Genocide Convention in 1948, the notion appears from time to time in international discourse. It was associated with colonization process and forced assimilation of indigenous people, however some commentators also use it to describe policies of modern states towards minority groups living on their territories. International framework for the protection of minorities and indigenous people can be seen as a substitute for the legal concept of cultural genocide, however the scope of the protection offered by these two areas – international criminal law and human rights law – is substantially different. Yet, cultural considerations play a subsidiary role within binding understanding of genocide, which is reflected in the jurisprudence of ad hoc criminal tribunals, as they help to establish the specific, genocidal intent and to define the outlines of the groups protected. Supporters of the notion point out, that cultural genocide can perform another important role – evidence of cultural genocide should be treated as an early warning that can contribute to prevention of mass atrocities. This is especially important in the light of recent development of the Responsibility to Protect (R2P) doctrine. To conclude, the international crime of genocide will probably remain limited to the physical and biological dimension, as there is no will of states to expand the notion, however its cultural aspects should not be neglected.
EN
Safety Management of National and Ethnic Minorities in Poland – Efficiency Assessment
RU
Управление безопасностью национальных и этнических меньшинств в Польше – оценка эффективности
EN
The research is based on the treaties of Parisian suburbs with Poland, Czechoslovakia, Greece, former Yugoslavia, and Romania, as well as on allied agreements with Finland, the Baltic States, and Albania, under which these countries were subject to international law obligating them to protect the minorities living in their territories, and questioning as to how they incorporated these obligations in their national legislation.
EN
Changes seen around the world in recent decades have prompted greater waves of migrants seeking better economic fortune or escaping political and religious persecution. One natural consequence of this increased migration is cultural and ethnic diversity in Europe. With the demise of countries being defined in terms of monoculture came the need to develop systems helping countries adapt to the influx of minorities across their borders. As policies of integration and multiculturalism spread throughout European countries, the need to reviews existing legal practices and adapt them to a variety of previously absent cultural and religious practices became more urgently felt. Examples of practices which are unlawful in our culture but which nevertheless need to be addressed include human trafficking, the ever more frequent instances of what are known as honor crimes, as well as genital mutilation and forced marriages. In her contribution, the Author considers whether the criminal law systems in place in European countries today needs to be adapted to values held and observed exclusively by immigrants to Europe representing non-European cultures, and the scope of the required changes. An important issue to discuss is how countries accepting immigrants go about adapting to specific practices and traditions, while another key matter are the ever louder calls for development of an inter-cultural criminal law and a universal system of values immune to relativistic interpretation.
PL
W ciągu ostatnich dziesięcioleci obserwujemy znaczne zmiany zachodzące na świecie, które doprowadziły do nasilenia zjawiska migracji spowodowanej sytuacjami natury ekonomicznej, politycznej czy religijnej. Naturalną konsekwencją zwiększenia się ruchów migracyjnych stała się różnorodność kulturowa i etniczna Europy. Odejście od pojmowania państw w kontekście monologicznej kulturowości spowodowało konieczność wypracowania określonych systemów dostosowywania się państw do napływających mniejszości. Jednym z przejawów owych form integracji i przyjmowania polityki multikulturalizmu jest potrzeba weryfikacji istniejących dotychczas rozwiązań prawnych w krajach europejskich oraz dostosowanie ich do określonych praktyk kulturowych i religijnych. Przykładem tych praktyk, które w naszej kulturze prawnej stanowią czyny niedozwolone może być chociażby handel ludźmi, czy występujące coraz częściej przejawy tzw. przestępstw związanych z „honorem” - tzw. zbrodni honorowych, okaleczania narządów płciowych, czy wymuszanych małżeństw. W powyższym artykule Autorka przybliżyłaby problematykę dotyczącą potrzeby rozważenia, czy i w jakim stopniu konieczne jest dostosowanie istniejącego w państwach europejskich prawa karnego do wartości wyznawanych i przestrzeganych wyłącznie przez osoby przybywające do Europy z innych krajów, wywodzące się z innych kultur. Istotne byłyby tu rozważania, w jaki sposób państwa przyjmujące dostosowują się do określonych praktyk i tradycji oraz omówienie coraz powszechniej stawianej tezy o konieczności stworzenia tzw. interkulturowego prawa karnego, a także systemu wartości o charakterze uniwersalnym, nietraktowanym w sposób relatywistyczny.
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