Document details

Minority Rights, Freedom of Expression and of the Media: Dynamics and Dilemmas

Cambridge, UK; Portland: Intersentia (2011), xvi, 668 pp.

Contains illustrations, bibliogr. pp. 585-634, index

Series: School of Human Rights Research Series, 44

Signature commbox: 10-Minorities-E 2011

"This book offers a rigorous, theory-based, and uniquely comprehensive, analysis of European and international legal standards shaping minorities’ right to freedom of expression. The analysis pays particular attention to the instrumental role played by traditional and new forms of media in ensuring that the right to freedom of expression of persons belonging to minorities is effective in practice. The relevant international legal framework is set out in detail, including a careful examination of the relationship between generalist and minority-specific international human rights instruments. Due attention is paid to the historical circumstances in which key instruments were developed and the contemporary context in which they are now being interpreted. The analysis is also informed by an awareness of institutional and political dynamics. All of this forms the basis for the book’s central objective: to mount a critical evaluation of the existing international legal framework governing freedom of expression for minorities, while drawing on theoretical insights gained from human rights scholarship and communications science. The first major focus of the evaluation is the regulation and restriction of expression to protect minority rights, in which issues such as pluralism, tolerance and “hate speech” feature centrally. Its second major focus, the regulation and facilitation of expression to promote minority rights, explores cultural and linguistic rights and media access questions." (Back cover)
Part I: Theoretical and normative approaches to minority rights
1 General theories and definitional entrapment, 19
2 The shaping of theories throught international legal and political frameworks, 43
Part II: Theoretical and normative approaches to freedom of expression and minority rights
3 Minorities, freedom of expression and of the media, 113
4 The coupling of freedom of expression and minority rights, 171
Part III: Regulation and Restriction of Expression to Protect Minority Rights
5 The pluralism problématique, 237
6 Delineating the limits of permissible expression under international human rights law, 257
7 "Hate speech" and intolerance targeting minorities, 317
8 Integrated approaches to countering "hate speech", 381
Part IV: Regulation and facilitation of expression to promote minority rights
9 Media-related pluralism, 429
10 Cultural and linguistic diversity, 477
11 Access rights, 523
List of academic works consulted, 585
International instruments, 635
General and thematic comments and recommendations, 645
Table of cases, 649