Minority groups, autonomy, and self-determination

Oxford Journal of Legal Studies 19 (4):605-629 (1999)
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Abstract

Although this decade has seen a growing focus on the issue of minority rights at both political and legal levels, accompanied by states' accession to a range of international instruments, the collective dimension to minority rights continues largely to elude both legal and academic treatment. This paper argues that autonomy for minority groups is an appropriate mechanism through which a state's obligation to afford a right of self-determination to all its peoples may be fulfilled. Autonomy is the counterweight to the 'group rights' already enjoyed by majority populations. Moreover, an argument can be made that the concept of 'self-determination' as propounded by the UN Declaration on Friendly Relations requires that positive steps are taken to redress the imbalance between majority and minority populations which is caused by the domination of national institutions by the majority culture. The juridical status of the Declaration on Friendly Relations is considered, as well as the steps which have been taken by states to address the minorities' issue

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