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The Application of Minority Rights to Muslims in Denmark, Germany and the United Kingdom

Berry, Stephanie (2008)
Department of Law
Abstract
Historically, minority rights have played a role in conflict prevention. The current situation in the West, where it is asserted that Islam is not compatible with democracy and Western values, lends itself to the application of such rights. The maintenance of Muslim group identity is a crucial factor, if the Muslim communities are to feel integrated and accepted in Western society. However, it is also asserted that the application of minority rights to the Muslim community in the West allows no more rights than the application of non-discrimination legislation and freedom of religion. This thesis will investigate the situation regarding the application of minority rights to the Muslim communities in three different countries with vastly... (More)
Historically, minority rights have played a role in conflict prevention. The current situation in the West, where it is asserted that Islam is not compatible with democracy and Western values, lends itself to the application of such rights. The maintenance of Muslim group identity is a crucial factor, if the Muslim communities are to feel integrated and accepted in Western society. However, it is also asserted that the application of minority rights to the Muslim community in the West allows no more rights than the application of non-discrimination legislation and freedom of religion. This thesis will investigate the situation regarding the application of minority rights to the Muslim communities in three different countries with vastly differing approaches: Denmark, Germany and the United Kingdom. This will ascertain whether the application of minority rights confers any benefits on the Muslim communities that are not already conferred by other rights. In order to achieve this, international obligations, national legislation and the situation in fact as well as integration strategies will be considered and compared. More specifically, the maintenance of Muslim group identity in the different countries and the extent that this is enabled both in law and in fact will be considered. To this ends, Chapter One discusses the perceived issues surrounding Islam in the West as well as the term 'Muslim minorities' and outlining methodology and limitations. Chapter Two provides a discussion of the definition of 'minority' as well as a review of international minority rights including the Framework Convention on the Protection of National Minorities, the UN Declaration on Minorities and article 27 of the International Covenant on Civil and Political Rights, as well as other relevant international standards. Chapter Three considers the individual states' application of the Framework Convention on National Minorities and article 27 ICCPR. Chapter Four considers the national law of all three states including freedom of religion and the protection of the distinctive characteristics of the Muslim minority, while Chapter Five looks at national integration strategies and the extent that they contribute to the fulfilment of minority rights standards. Finally, Chapter Six considers if there is any benefit to be gleaned from the application of minority rights standards to the Muslim communities considered. (Less)
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author
Berry, Stephanie
supervisor
organization
year
type
H1 - Master's Degree (One Year)
subject
keywords
International Human Rights Law
language
English
id
1555282
date added to LUP
2010-03-08 15:23:11
date last changed
2010-03-08 15:23:11
@misc{1555282,
  abstract     = {Historically, minority rights have played a role in conflict prevention. The current situation in the West, where it is asserted that Islam is not compatible with democracy and Western values, lends itself to the application of such rights. The maintenance of Muslim group identity is a crucial factor, if the Muslim communities are to feel integrated and accepted in Western society. However, it is also asserted that the application of minority rights to the Muslim community in the West allows no more rights than the application of non-discrimination legislation and freedom of religion. This thesis will investigate the situation regarding the application of minority rights to the Muslim communities in three different countries with vastly differing approaches: Denmark, Germany and the United Kingdom. This will ascertain whether the application of minority rights confers any benefits on the Muslim communities that are not already conferred by other rights. In order to achieve this, international obligations, national legislation and the situation in fact as well as integration strategies will be considered and compared. More specifically, the maintenance of Muslim group identity in the different countries and the extent that this is enabled both in law and in fact will be considered. To this ends, Chapter One discusses the perceived issues surrounding Islam in the West as well as the term 'Muslim minorities' and outlining methodology and limitations. Chapter Two provides a discussion of the definition of 'minority' as well as a review of international minority rights including the Framework Convention on the Protection of National Minorities, the UN Declaration on Minorities and article 27 of the International Covenant on Civil and Political Rights, as well as other relevant international standards. Chapter Three considers the individual states' application of the Framework Convention on National Minorities and article 27 ICCPR. Chapter Four considers the national law of all three states including freedom of religion and the protection of the distinctive characteristics of the Muslim minority, while Chapter Five looks at national integration strategies and the extent that they contribute to the fulfilment of minority rights standards. Finally, Chapter Six considers if there is any benefit to be gleaned from the application of minority rights standards to the Muslim communities considered.},
  author       = {Berry, Stephanie},
  keyword      = {International Human Rights Law},
  language     = {eng},
  note         = {Student Paper},
  title        = {The Application of Minority Rights to Muslims in Denmark, Germany and the United Kingdom},
  year         = {2008},
}