Suchergebnisse

Introduction / Anna-Mária Bíró and Dwight Newman -- International order, diversity regimes and minority rights : a longue durée perspective / Anna-Mária Bíró and Corinne Lennox -- Prefatory remarks : an inside perspective from an outsider : the UN special rapporteur's view on minority rights at the UN / Fernand de Varennes -- The double-edged sword of external citizenship and minority protection in post-communist Europe / Szabolcs Pogonyi -- Unstable orders and changing minority protection : the effects of urbanization / Bengt-Arne Wickström -- Undocumented migrants, refugees and asylum seekers : can minority rights law stabilise the unsettled order? / Alexandra Xanthaki -- Anti-immigrant populism and the duty of respectful engagement / Patti Lennard -- Minority identity in digital governance and the challenges of online hate speech and content regulation / Kyriaki Topidi -- Minority rights implications of changing state engagement with religion / Dwight Newman -- An unsettled liberal democratic order and indigenous peoples' legal rights / Mattias Åhrén -- Roma participation as a challenge for minority norms / Iulius Rostas -- American citizenship and state abandonment / Briana L. McGinnis -- The Covid-19 factor : how the virus shapes relations between states, regions and minorities in Europe / Attila Dabis and Béla Filep.

This book addresses the impact of a range of destabilising issues on minority rights in Europe and North America. This collection stems from the fact that liberal democracy did not bring about the end of history but rather that the transatlantic region of Europe and North America has encountered a new era of instability, particularly since the global financial crisis. The transatlantic region may have appeared to be entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic states, the financial crisis itself and other changes, including mass migration, the rise of populism, changes in fundamental political conceptions, technological change, and most recently the Covid pandemic, have brought increasing uncertainties and instabilities in existing orders. In these contexts, the book investigates the resulting difficulties and opportunities for minority rights. Bringing together scholars from a range of disciplines who are engaged in work on various unstable orders, the book provides a unique and largely neglected perspective on present developments as well as addressing the pressing issue of the future of the minority rights regime at global, regional and national levels. This book will appeal to those with interests in minority rights, human rights, nationalism, law and politics.

Acknowledgments -- Foreword / The Honourable Justice Peter A. Lauwers -- The Forgotten Fundamental Freedoms: An Introduction / Dwight Newman, Q.C., Derek Ross, Brian Bird. PART I: Recovering what has been forgotten. Big M's Forgotten Legacy of Freedom / Jamie Cameron -- Recovering Forgotten Freedoms / Dwight Newman, Q.C. -- Truth-Seeking and the Unity of the Charter's Fundamental Freedoms / Derek B.M. Ross. PART II: Freedom of conscience and religion. The Reasons for Freedom of Conscience / Brian Bird -- Blazing the Path: Freedom of Conscience is the Prototypical Right / Barry W. Bussey -- Putting Conscience Rights in a Box: Can we take off the lid? / Mary Anne Waldron, Q.C. -- Religious proselytization in Canadian law: the residue in the periphery / Blair A. Major. PART III: Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication. Freedoms of Thought, Belief, and Opinion as Protected Inner Freedoms / Monica Fitzpatrick & Dwight Newman, QC. -- Does Independent Protection for Freedom of the Press Make a Difference? The Case of Vice Media v. Canada (Attorney General) / Benjamin J. Oliphant -- Section 2(b) of the Charter and the Regulation of Digital Expression / Sina Kazemi & Avnish Nanda. PART IV: Freedom of peaceful assembly. Understanding Freedom of Peaceful Assembly in the Canadian Charter of Rights and Freedoms / Nnaemeka Ezeani -- Positive Freedoms and Peaceful Assemblies: Reenvisioning Section 2(c) of the Charter / Kristopher E.G. Kinsinger. PART V: Freedom of association. Recovering Community: Addressing Judicial Blindspots on Freedom of Association / André Schutten. Appendix --Evolution: On the Origins of Section 2 / Melanie R. Bueckert.