Open AccessSELF-DETERMINATION OF NATIONAL MINORITIES: THE CONSTITUTIONAL AND LEGAL NATURE AND PECULIARITIES OF IMPLEMENTATION
Author(s) -
Diane Karp
Publication year - 2019
Publication title -
socìalʹne pravo
Language(s) - English
Resource type - Journals
ISSN - 2617-5967
DOI - 10.37440/soclaw.2019.01.16
Subject(s) - human rights , political science , nationality , law , ethnic group , legislation , population , minority rights , sociology , law and economics , immigration , demography
The article deals with the conceptual aspects of determining the right to self-determination of national minorities in the science of constitutional law. It is argued that the current constitutions reflect certain conceptual approaches to the subjective composition of national minorities, which requires their comprehensive consideration and scientific and practical analysis in terms of current processes of European interstate integration in the implementation of universally recognized human rights standards, principles and norms, citizen and social groups.
The question of national minorities arose in the sixteenth century. Since the sixteenth century, their rights have been enshrined in a number of treaties. After World War I, this process is controlled by the League of Nations. In the respective treaties, national minorities were defined as ethnic religious and linguistic communities that differed in language, ethnicity and culture from the population in which they live. The complexity of the problem lies in the diversity of situations related to the existence of minorities and the concept of nationality as a whole.
One of the most successful concepts of "minority groups", which is proposed by the famous Danish scientist Luis Wirth, has been identified. The existence of dominant minorities that do not need protection is justified. Moreover, dominant minorities are sometimes subject to serious violations of the principles of equality, non-discrimination and will of the people as enshrined in the UN Universal Declaration of Human Rights.
Attention is drawn to the use of the term "national minority" in national legislation and it is noted that the process of defining the definition of "national minority" is only at the initial stage of formation. The law, which defines the term "national minority" at the official level, became the Law of Ukraine "On National Minorities in Ukraine", adopted by the Verkhovna Rada of Ukraine on June 25, 1992.