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  • 島本 奈央
    平和研究
    2023年 60 巻 151-176
    発行日: 2023/09/07
    公開日: 2023/09/13
    ジャーナル フリー

    This article examines the possibility of exercising collective rights of minorities which peoples have by focusing on the historical development of the legal system and the contents of legal rights for Minorities/Peoples.

    After World War I, the collective rights of minorities were recognized as they were incorporated into bilateral or multilateral treaties. But unfortunately, minorities' collective rights were taken away under Hitler's Nazis. Paradoxically, they used the pretext of protecting German minorities and invaded Czechoslovakia. After World War II, the right to self-determination as a collective right made a dramatic come back onto the stage of international relations but it was not for protecting minorities but only within the limited context of decolonization. Minorities are protected under Article 27 of the International Covenant on Civil and Political Rights such as enjoying cultural rights or linguistic rights. But do minorities have collective rights such as effective joining rights or autonomy rights? It is necessary to consider the status quo in which the voices of minorities are not reflected in governmental policies and thus lack the measures and resources to preserve their identities.

    As a result, the question has been raised whether peoples' rights and minorities' rights can be clearly divided into collective rights and individual rights. This article presents the comparison of the development of these rights between the system of self-determination and that of minorities. It discusses two different theories and practices, highlighting the ambiguity within the definitions of minorities and people. Because of the analysis, this article concludes that minorities could have a part of collective rights by pointing out the “proximity” between minorities and peoples both virtually and legally.

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