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The Perspective Of International Human Rights Law Minority Group Members Participate The Protection Of The Public Affairs

Posted on:2013-08-17Degree:MasterType:Thesis
Country:ChinaCandidate:S X YaoFull Text:PDF
GTID:2246330362964943Subject:Law
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The dissertation studies, in its four chapters, the protection of Public AffairsParticipation Rights of Minority Members from the perspective of internationalhuman rights laws.Chapter One discusses the basic concepts of minority groups under the context ofinternational human rights laws which include the definition of minority groups, theobjects of minority rights protection.Chapter Two expounds on the Public Affairs Participation Rights of MinorityMembers from the perspective of international human rights laws. Section One of thischapter briefly introduces the contents of minority rights firstly, covering minority’srights to preserve their own culture, use their own language, profess and practice theirown religion, and rights to education and public affairs participation rights. And thenthe author hereof discusses the definition of public affairs participation rights and themeaning of Public Affairs Participation Rights of Minority Members and defines thePublic Affairs Participation Rights of Minority Members according to the relatedarticles of the International Covenant on Civil and Political Rights. Section Two ofthis chapter is about the contents and specific exercise ways of Public AffairsParticipation Rights of Minority Members. The subject of Public Affairs ParticipationRights of Minority Members ought to be the personal member of the minority groupswho is a citizen of the country of residence. According to the related documents ofinternational human rights, the main enforcing ways of Public Affairs ParticipationRights of Minority Members are participation in decision-making, formingassociations and participation through electoral processes, devolution andself-governance and so on.Chapter Three focus on the current protected situation of Public AffairsParticipation Rights of Minority Members based on the international human rightsdocuments which are International Covenant on Civil and Political Rights,Declaration on the Rights of Persons Belonging to National or Ethnic, Religious andLinguistic Minorities, Indigenous and Tribal Populations Convention, and theregional human rights document which is European Convention for the Protection ofNational Minorities. Chapter Four talks about the current legal protection of Public AffairsParticipation Rights of Minority Members in China, analyses the existing problemsand then proposes some solutions. The Constitution of the People’s Republic of Chinaand the Law of the People’s Republic of China on Regional National Autonomy arethe legal basis for China to protect the Public Affairs Participation Rights of MinorityMembers. Considering not all minority groups are covered in this two legaldocuments in question which are lack of the specific protection for Public Affairsparticipation rights of minority personal member and without concrete and effectivemechanism in the Law of the People’s Republic of China on Regional NationalAutonomy, the author hereof suggests some legislative measures based on theinternational human rights law and the practices of some countries.
Keywords/Search Tags:International Human Rights Law, Minority Groups, Public AffairsParticipation Rights, Protection
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