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Title: A dialogical concept of minority rights
Author: Wei, Hanna Hua
ISNI:       0000 0004 2721 6047
Awarding Body: University of Bristol
Current Institution: University of Bristol
Date of Award: 2011
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This is a thesis on the clarification and re-conception of the notion of minority rights. It involves a critical analysis of competing theories and conceptions of minority rights as well as current international minority rights law. It has three main aims. Firstly, it aims to demonstrate that a more plausible and more realistic concept of minority rights should consist of rights against the state as well as rights against the group, and that the notion of group rights (against the state) must and can be formally endorsed in order to accurately reflect the interests and needs of minority groups. Secondly, it calls for a decisive departure from the determinist understanding of both group rights and individual rights, and seeks to build dialogue into the notion and regime of minority rights by formulating and defending three separate but related rights to dialogue: the group's collective right to external dialogue, individual members' individual right to external dialogue, and individual members' individual right to internal dialogue. The thesis will show how these three dialogical rights can operate to maintain a healthy balance between the minorities' need to be culturally distinct and their need to relate to, to communicate with, and to belong in, the wider society. Thirdly, this thesis aims to argue that the focus of attention in the field of minority rights protection should shift from drawing fixed boundaries to conflict resolution and interaction management - the conflict and interaction between group rights and individual rights, between short-term aims and long-term goals, and between ethno-cultural justice, social unity and geo-political security. I wish strongly to emphasise the need to challenge the generalizations and assumptions on which much of the debate has been based and which have resulted in profound confusions and irrational fears. Particular attention is also paid to the interplay between legal, non-legal, social and political factors in the recognition and protection of minority rights.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available