Do Minority and Group Rights Promote Just Stability in Non-Unitary Political Orders? A Research Agenda

International Journal on Minority and Group Rights, Vol. 13, Nos. 2 & 3, pp. 141-152, 2006

13 Pages Posted: 8 Nov 2010

Date Written: 2006

Abstract

Much has been achieved with regard to the specification of minority and group rights as well as other international legal human rights norms. The positivation of human rights thus secure, many now urge that the next move must be to promote realistion of such human rights regimes. This crucial task may well face special challenges in states whose constitutions unbundle sovereignty into multi-level or multi-national political orders. One important research topic is therefore whether minority and group rights secure their objectives in de jure non-unitary political orders, whose populations sharply divide along ethnic, national, religious or linguistic lines. The aim of this paper is to identify some of the central research challenges that arise. The first section lays out some of the central organising elements of this presentation, while sections 2 and 3 draws on existing literature to elaborate some central concepts and distinctions, and present some of the most prominent competing hypotheses as to whether minority and group rights facilitate the creation of non-unitary political orders, and their stability once arrived at. The presentation elaborates on how minority and group rights may affect several mechanisms of socialisation to human rights and compliance with these complex political orders. The aim is to facilitate legal and social science research that may help assess these claims, and their scope conditions – and thereby help assess the efficacy of minority and group rights in these non-unitary polities. Other contributors – in this special issue and elsewhere – provide case studies that may serve to test and delimit these hypotheses.

Keywords: minority, group rights, human rights, political order

Suggested Citation

Follesdal, Andreas and Butenschøn, Nils, Do Minority and Group Rights Promote Just Stability in Non-Unitary Political Orders? A Research Agenda (2006). International Journal on Minority and Group Rights, Vol. 13, Nos. 2 & 3, pp. 141-152, 2006. Available at SSRN: https://ssrn.com/abstract=1704473

Andreas Follesdal (Contact Author)

Pluricourts ( email )

P.O. Box 6706
St. Olavs plass 5
0130 Oslo
Norway

Nils Butenschøn

affiliation not provided to SSRN

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