European Yearbook of Minority Issues

Transcription

1 European Yearbook of Minority Issues European Yearbook of Minority Issues, Volume 9 (2010) The European Yearbook of Minority Issues provides a critical and timely review of contemporary developments in minority-majority relations in Europe. It combines analysis, commentary and documentation in relation to conflict management, international legal developments and domestic legislation affecting minorities in Europe. Part I contains scholarly articles and, in 2010, features three special focus sections on Minorities and Education, Minorities and the Media, and Minorities and Religion. Part II contains reports on the implementation of international instruments for the protection of minorities as well as new developments in relation to the legal protection of minorities at the national level. Apart from providing a unique annual overview of minority issues for both scholars and practitioners in this field, the Yearbook is an indispensable reference tool for libraries, research institutes as well as governments and international organizations. The European Yearbook is edited in collaboration with the European Centre for Minority Issues in Flensburg, Germany. General Editors Sia Åkermark, Arie Bloed, Rainer Hofmann, Joseph Marko, James Mayall, John Packer, Marc Weller Managing Editors Maren Meyer, Alexander Osipov Focus Editors Tarlach McGonagle, Tom Moring Assistant Editors Ugo Caruso

2 European Yearbook of Minority Issues Table of Contents 2010 Issue Foreword 1 Part I: ARTICLES A General Articles Section 3 Official Language Preferences, and the Recognition of a Person s Name: A Significant Clarification after Raihman v. Latvia Fernand de Varennes 5 Framing Ethnic Issues through the Notion of Discrimination: the Case of Russia Alexander Osipov 21 The Protection of the Cultural Identity of Minorities in International Law: Individual versus Collective Rights Claudia Tavani 55 EU Enlargement and Minority Rights: A Regime in the Making David J. Galbreath 93 Project Report: A Fuzzy-Set Qualitative Comparative Analysis of Minority Protection Rules in Ten New EU Member States Guido Schwellnus, Liudmila Mikalayeva and Lilla Balázs 117 Implementing Soft Law: The Case of Equality Promotion Malte Brosig 147 European Integration and Minority Nationalist Mobilisation in France Emelyne Cheney 167 Defining the Indefinable: A Definition of Minority in EU Law Gulara Guliyeva 189

3 B Special Focus: Education 223 Minority Education torn in Contradictions? Sia Spiliopoulou Åkermark 225 Romani Teaching: Some General Considerations Based on Model Cases Dieter Halwachs 249 Learning the Neighbour s Language: The Many Challenges in Achieving a Real Multilingual Society. The Case of Second Language Acquisition in the Minority-Majority Context of South Tyrol Andrea Abel, Chiara Vettori and Doris Forer 271 The Right to Education of Persons Belonging to National Minorities in Vojvodina Aleksandra Vujić 305 Recognizing Formal and Substantive Equality in the Oršuš Case Andrea Grgić 327 C. Special Focus: Minorities and the Media 367 Minorities and the Media: Present, Probing and Pressing Questions Tarlach McGonagle and Tom Moring 369 Language Minorities and New Media. Facing Trilingualism? Laszlo Vincze 377 BBC ALBA and the Evolution of Gaelic Television Broadcasting: A Case Study Robert Dunbar 389 Minorities and Online Hate Speech : A Parsing of Selected Complexities Tarlach McGonagle 419 D. Special Focus: Minorities and Religion 441 Law and Religion: The Need for the Development of an Interdisciplinary Framework of Analysis Joseph Marko 443

4 The Contribution of the European Court of Human Rights to Contemporary Religious-Related Dilemmas Roberta Medda-Windischer 453 Religious Minorities and Human Rights: Bridging International and Domestic Perspectives on the Rights of Persons Belonging to Religious Minorities under English law Nazila Ghanea-Hercock 497 Positive Measures and the EU Equality Directives: Closing the Protection Gap Between New and Old Minorities Through the Reasonable Accommodation of Religion? Jennifer Jackson-Preece 519 PART II: REPORTS A International Developments 551 Review of the Monitoring Process of the Council of Europe Framework Convention for the Protection of National Minorities Francoise Kempf 553 Developments in the Field of the European Charter for Regional or Minority Languages Vesna Crnić-Grotić 565 Minority Rights Questions Addressed by the Venice Commission in 2010 Pierre Garrone 589 The Activities of the OSCE High Commissioner on National Minorities January 2010 to December 2010 Stéphanie Marsal and Vincent de Graaf 603 The European Union and Minorities in 2010: A Renewed Commitment? Gabriel N. Toggenburg and Karen McLaughlin 621 B NATIONAL DEVELOPMENTS The Kurdish Opening and the Constitutional Reform: Is there any Progress? Elçin Aktoprak 643

5 Denmark Adopts Unilateral Legislation in Favour of Kin-Minority Tove H. Malloy 669 The Development of Language Legislation in Post-Soviet Russia and Ukraine: Similarities and Differences Iryna Ulasiuk 683 How to Stop a Perpetuum Mobile? Interdisciplinary Insights into the Ongoing Issue of the Slovene Ethnic Minority in Austria: The Question of Bilingual Topography Jürgen Pirker 717 The Distinction of Minority Language Protection and Languages as a Cultural Heritage in Italy: The Case of the Piedmontese Dialect Ulrike Haider Quercia 749 PART III BOOK REVIEWS 761 Marc Weller and Katherine Nobbs (eds.), Asymmetric Autonomy and the Settlement of Ethnic Conflicts (Philadelphia, University of Pennsylvania Press, 2010), ISBN: (Hardback) Francesco Palermo 763 Marc Weller, Contested Statehood: Kosovo s Struggle for Independence (Oxford, Oxford University Press, 2009), ISBN: (Hardback) and James Ker-Lindsay, Kosovo: The Path to Contested Statehood in the Balkans (London: I.B.Tauris, 2009), ISBN: (Hardback) Jan Asmussen 769 Annelies Verstichel, Participation, Representation and Identity. The Right of Persons Belonging to Minorities to Effective Participation in Public Affairs: Content, Justification and Limits (Antwerp, Oxford, Portland: Intersentia, 2009), ISBN: (Hardback) Verena Wisthaler 779 APPENDIX: List of International Norms