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Alexandra Tomaselli - Indigenous Peoples and their Right to Political Participation

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Alexandra Tomaselli

Indigenous Peoples and their Right to Political Participation

Series: Schriftenreihe der Europäischen Akademie Bozen, Bereich »Minderheiten und Autonomien«

Volume 30 2016

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One expression of the multi-faceted Right to Self-Determination of Indigenous Peoples: The Composite Right to Political Participation S. 175-260

„… 175 3. One expression of the multi-faceted Right to Self-Determination of Indigenous Peoples: The …” „… , 3. One facet of the Indigenous Right to Self-Determination 186 préparatoires of the Covenant …” „… the Indigenous Right to Self-Determination 188 imply the adoption of measures to ensure their …”

Self-determination and Indigenous Peoples S. 61-174

„… 61 2. Self-determination and Indigenous Peoples 2.1 The debated concept of and right to …” „… Thürer and Burri, self-determination was then given “the characteristic of a fundamental human right, or …” „… – collective–right to self-determination”.166 Therefore, the concept (principle and right) of self-determination in …”

Conclusions S. 507-520

„… applications of the right to self-determination of indigenous peoples? 4. How is this right recognized and …” „… Charter of the United Nations” of 1970, external self-determination refers to the right to freely …” „… , Self-Determination of Peoples, p.70, note 6. 2162 Ibid., p.90, and Quane, “The UN Declaration on the Rights of …”

Selected Bibliography S. 521-558

„… Forms of and Claims to the Right of Self-Determination”, in Donald Clark and Robert Williamson …” „… Gudmundur, “The Right of Self-Determination and Indigenous Peoples”, in Christian Tomuschat (ed.), Modern …” „… , 2000. Anaya James, “The Right of Indigenous Peoples to Self-Determination in the Post-Declaration Era …”

Introduction S. 21-30

„… , “Right to Self-Determination in International Law: Towards Theorization of the Concept of Indigenous …” „… Alfredsson, “The Right of Self-Determination and Indigenous Peoples”, in Christian Tomuschat (ed.), Modern …” „… self-determination of indigenous peoples implies an examination of their right to autonomy/self-government,12 which …”

Titelei/Inhaltsverzeichnis S. 1-20

„… debated concept of and right to self-determination 61 2.1.1 Brief overview of developments surrounding …” „… 2.1.3.3 Article 1.3 and the full exercise of the right to self-determination 80 2.1.4 Legal …” „… 104 2.1.8 Concluding remarks 117 2.2 The right to self-determination of Indigenous Peoples 119 …”

The Bolivian case S. 295-384

„… Constitutional Court (arts.178- 179), etc. Regarding indigenous peoples, their right to self-determination was …” „… self-determination to be exercised via the right to self-government, i.e., the Peasant Native Indigenous Autonomy …” „… right to political participation of indigenous peoples proposed in chapter 3 at the domestic level in …”

Indigenous Peoples in International Law S. 31-60

„… Alfredsson, “The Right of Self-Determination and Indigenous Peoples”, in Christian Tomuschat (ed.), Modern …” „… self-identification right for indigenous peoples,47 the Declaration on the Rights of Indigenous Peoples, adopted by …” „… Law of Self-Determination, Martinus Nijhoff Publishers, Dordrecht, Boston, London, 1993, pp.41-54, pp …”

The Chilean case S. 385-506

„… of the composite right to political participation of indigenous peoples proposed in chapter 3 in the …” „… new debate on indigenous rights and a wave of initiatives aimed at further protecting indigenous …” „… more than 10% self-identified as belonging to one of the nine indigenous peoples recognized in the …”

The peculiar Latin American context: Regional protection of indigenous rights and Indigenous movements S. 261-294

„… ). Regarding the Mexican constitutional reform in particular, the right to self-determination within an …” „… also provisions on the “Right to [autonomy] or [and] self-government” and on “Traditional forms of …” „… 261 4. The peculiar Latin American context: Regional protection of indigenous rights and …”

doi.org/10.5771/9783845268781

Federal Constitutional Court - Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germa

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Federal Constitutional Court (ed.)

Decisions of the Bundesverfassungsgericht - Federal Constitutional Court - Federal Republic of Germa

2007

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BVerfGE 53, 366 Order of the Second Senate of 25 March 1980 – 2 BvR 208/76 “Hospital law and church self-determination case” Secular order on the structure and organisation of hospitals that are operated by religious societies, or institutions that are on an equal footing with them or associated with them, as a violation of the constitutional guarantee of the church’s right of self-determination (Hospital Act of the Land North-Rhine/Westphalia). S. 204-233

„… inviolable core of the church’s right of self-determination in the areas where public-sector tasks are …” „… . They also encroach upon the right of self-determination constitutionally 189 guaranteed to the churches …” „… institutions and in the first instance challenge a violation of their church right of self-determination …”

BVerfGE 57, 220 Order of the Second Senate of 17 February 1981 – 2 BvR 384/78 “Trade-union access to church institution case” Access to charitable institutions of the churches by outside union representatives. S. 234-247

„… their institutions, in connection with their right of self-determination, also have the authority to …” „… churches and the institutions associated with them the right of self-government and self-determination in …” „… on the one hand and the church’s right of self-determination on the other hand. … III. 1. The Federal …”

BVerfGE 70, 138 Order of the Second Senate of 4 June 1985 – 2 BvR 1703, 718/83 and 856/84 “Labour law in church hospital case” The effectiveness of notices of termination of employment given by church institutions to employees in their service for the violation of ecclesiastical obligations of loyalty. S. 248-268

„… hospital case” HEADNOTES: 1. The constitutional guarantee of the churches’ right of self-determination …” „… by secular labour law; in this connection, the churches’ right of self-determination remains …” „… the churches’ right of self-determination. 227 5. If there has been a violation of duties of loyalty …”

BVerfGE 83, 341 Order of the Second Senate of 5 February 1991 – 2 BvR 263/86 “Bahá’í case” Consideration of freedom of religion in interpretation and application of provisions of the Civil Code regarding associations (registration of the Spiritual Assembly of the Bahá’ís in the register of associations). S. 284-299

„… exercised in such a manner that the right of self-administration of the association is restricted by …” „… the self-determination of the association and of its members against a renunciation that almost brings …” „… association particularly express the religious self-determination of the members in their joint faith do not …”

BVerfGE 99, 100 Judgment of the Second Senate of 13 October 1998 – 2 BvR 1275/96 “Guarantee of church property (St. Salvator church (Salvatorkirche)) case” Surrender of the St. Salvator church in Munich (Church of the Transfiguration of the Saviour) to the Free State of Bavaria for transfer to the “Holy Metropolis of Germany”. S. 322-337

„… ’ right of self-determination, which is not restricted to corporate bodies under public law (see BVerfGE …” „… material basis of the religious societies’ right of self-determination, its subjective range must also …” „… obligation to surrender the church which certainly does not encroach on the right of self-determination as …”

Index S. 459-466

„… - 315 – rights 300, 310 church self-determination – church self-determination 190, 202 – right of 188 …” „… right 318 personal determination in religious matters, age of 59, 98, 177 pluralistic society 179 …” „… 243 association – autonomy of 267, 274-277 – freedom of 38, 218-219, 221, 223-224 – negative right of …”

BVerfGE 74, 244 Order of the First Senate of 25 February 1987 pursuant to § 24 of the Federal Constitutional Court Act – 1 BvR 47/84 “Case concerning the participation in religious instruction by pupils with another religious belief” Decision on the participation of pupils with another religious belief in religious instruction by the responsible religious community. S. 277-283

„… replacement religious self-determination rights of their daughters under Article 7.2 in conjunction with …” „… right to participate in Protestant religious instruction. The tenets of the religious communities as …” „… constitutional complaint, the complainants are alleging a violation of their fundamental rights under Article 7.2 …”

Titelei/Inhaltsverzeichnis S. 2-11

„… law and church self-determination case” Secular order on the structure and organisation of hospitals …” „… self-determination (Hospital Act of the Land North- Rhine/Westphalia). 182 18. BVerfGE 57, 220 Order of the Second …” „… alterungsbeständigem Papier. This work is subject to copyright. All rights are reserved, whether the whole or part of …”

BVerfGE 30, 415 Order of the First Senate of 31 March 1971 – 1 BvR 744/67 “Church tax liability case” Linking liability to pay church tax to baptism and place of residence. S. 76-83

„… provisions of civil law is not constitutionally required. The right of self-determination accorded to the …” „… negative right of association insofar as the church member has the possibility to terminate his or her …” „… (Evangelisch-Lutherische Landeskirche) of Schleswig-Holstein and their church parishes have the right to levy church tax on …”

BVerfGE 46, 73 Order of the Second Senate of 11 October 1977 – 2 BvR 209/76 “Church institution and works constitution law case” Works council in a charitable Catholic hospital. S. 170-185

„… as to whether the staff should have a right of internal self-determination, but only of a difference …” „… majority of that convent together with “buildings standing thereon” and “all rights of exploitation and …” „… with voting rights (§ 5.1); automatic and ex officio members of the board of trustees are the priests …”

BVerfGE 41, 29 Order of the First Senate of 17 December 1975 – 1 BvR 63/68 “Christian interdenominational school in the Baden tradition case” Christian interdenominational school according to the tradition of the Land Baden-Württemberg. S. 112-125

„… the Basic Law nor the other provisions of the Basic Law give rise to a positive right of determination …” „… into account the fundamental right in Article 4 of the Basic Law. 2. The fundamental right in Article …” „… 4.1 and 4.2 of the Basic Law includes the right of parents to convey to their child the religious or …”

BVerfGE 42, 312 Order of the Second Senate of 21 September 1976 – 2 BvR 350/75 “Church officer as member of the Bundestag case” Granting leave of absence to ministers and church officers for the duration of a term of office as a member of parliament in the Bundestag or in the legislative bodies of a Land. S. 126-146

„… points of view as part of the church’s right of self-determination. This sphere of freedom is encroached …” „… self-determination, which has developed from the church’s understanding of itself and is guaranteed by the state, and …” „… competence of the state. This right of investigation of the courts of law, it states, arises when the church …”

BVerfGE 108, 282 Judgment of the Second Senate of 24 September 2003 – 2 BvR 1436/02 “Headscarf case” Headscarf in class. S. 397-438

„… self-determination and in particular the emancipation of women. However, according to the findings of fact in the …” „… determination is essential to the exercise of these civil rights and liberties (see BVerfGE 83, 130 (142)). When …” „… complainant’s rights under Article 33.2 in conjunction with Article 4.1 and 4.2 and with Article 33.3 of the …”

BVerfGE 102, 370 Judgment of the Second Senate of 19 December 2000 – 2 BvR 1500/97 “Jehovah’s Witnesses case” S. 338-356

„… Basic Law in conjunction with the church’s right of self-determination (Article 137.3 of the Weimar …” „… self-determination (Article 140 of the Basic Law in conjunction with Article 137.3 of the Weimar Constitution …” „… Article 79.3 of the Basic Law, the fundamental rights of third parties which are entrusted to the …”

BVerfGE 73, 388 Order of the Second Senate of 23 October 1986 – 2 BvL 7, 8/84 “Church money case” Empowerment of the church corporate bodies entitled to levy tax to determine the nature and amount of church money in mixed-faith marriages. S. 269-276

„… expedient, not lastly in view of the churches’ right of self-administration guaranteed in Article 140 of the …” „… Article 6.1 of the Basic Law and overstepped the framework of the right to levy tax awarded by the state …” „… the right of a religious society to levy taxes which had been in existence on entry into force of the …”

Selected Provisions of the Basic Law S. 439-454

„… achieved the unity and freedom of Germany in free self-determination. This Basic Law thus applies to the …” „… entire German People.1 I. Fundamental Rights Article 1 (Protection of human dignity) (1) Human dignity …” „… therefore acknowledge inviolable and inalienable human rights as the basis of every community, of peace and …”

BVerfGE 44, 37 Order of the First Senate of 8 February 1977 – 1 BvR 329/71, 217, 2237/73 and 199, 217/74 “Church tax after resignation of church membership case” Statutory period (“consideration period”) for the effectiveness of a declaration of resignation of church membership; “subsequent taxation” of a person who has resigned church membership. S. 147-161

„… Court of 20 July 1971 … violate the complainant re 1) in his fundamental right under Article 4.1 of the …” „… fundamental right under Article 4.1 of the Basic Law. The rulings are overturned. The case is referred back to …” „… complainant re 3) in his fundamental right under Article 4.1 of the Basic Law. The rulings are overturned. The …”

doi.org/10.5771/9783845205540

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europa ethnica

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europa ethnica Volume 68 (2011) Issue 1-2 ISSN Online: 0014-2492

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Gulara Guliyeva Collective Rights of Minorities: Exploring a Normative Basis for Internal and External Self-Determination S. 50-58

„… emphasis on the external and internal exercise of this right . ‘External self-determination’ empowers …” „… exercise of the right to external self-determination does not authorise a group to secede automatically …” „… entitlement of minorities to internal self-determination, this paper will focus mainly on the right to …”

Peter Hilpold Neue Perspektiven der Selbstbestimmung? Möglichkeiten und Grenzen der völkerrechtlichen Verselbständigung von Territorien in Europa S. 32-49

„… self-determination; by virtue of that right they freely determine their political status and freely pursue their …” „… Quebec: „A number of commentators have further asserted that the right to self-determination may ground …” „… exercise of its right to self-determination internally, it is entitled, as a last resort, to exercise it …”

Titelei/Inhaltsverzeichnis S. 1-2

„… ) Collective Rights of Minorities: Exploring a Normative Basis for Internal and External Self-Determination …” „… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Seiten 32–49 Collective Rights of Minorities: Exploring a Normative Basis for Internal and External …” „… Self-Determination (Gulara Guliyeva …”

doi.org/10.24989/0014-2492-2011-12

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europa ethnica

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europa ethnica Volume 80 (2023) Issue 1-2 ISSN Online: 0014-2492

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Brad R. Roth Implementing “Two Peoples, One Future”: Conceptualizing Mutual Self-Determination in Israel-Palestine S. 79-87

„… , 1966), art. 1, 993 U.N.T.S. 3, 3 (“All peoples have the right of self-determination. By virtue of that …” „… paradoxical to speak in terms of an Israeli Jewish right to self-determi-nation, as self-determination is …” „… right of self-determination is of particular importance because its realization is an essential …”

Literatur S. 103-116

„… articles on the subjects of self-determination and secession in a larger sense. The importance of these …” „… Self-determination, in: 24 International Journal on Minority and Group Rights, 1/2017, 1–34.des Staates, wie sie etwa …” „… of Minorities under Article 27 of the International Covenant on Civil and Political Rights in Rudolf …”

Richard Lein The Burgenland Question 1919–1924. A bilateral and international problem S. 21-39

„… for the food supply of Vienna and demanded the granting of the right to self-determination to the …” „… otherwise frequently laboured right to national self-determination, as the Allied Powers were aware of the …” „… self-determination propagated by the Allies.As in the case of Austria, this assumption proved to be a fallacy, as the …”

doi.org/10.24989/0014-2492-2023-12

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europa ethnica Volume 71 (2014) Issue 3-4 ISSN Online: 0014-2492

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Alexandra Xanthaki Indigenous rights at the United Nations: Their impact on international human rights standards S. 69-77

„… question of self-determination The full and unqualified recognition of the indigenous right to …” „… . UN Resolution 15414) recognized the right of self-determination to non-self-governing territories …” „… right of self-determination,12) but again included the usual restrictions of territorial integrity and …”

Asbjørn Eide United Nations standard-setting regarding rights of minorities and indigenous peoples S. 51-61

„… the rights of indigenous peoples: From integration to self-determination International human rights …” „… the change is to rule out any interpretation of the right to self-determination of indigenous …” „… peoples . UNDRIP article 3 explicitly recognizes the right of indigenous peoples to self-determination …”

Literatur S. 96-104

„… implications of Kosovo Independence for the Doctrine of Constitutional Self-determination . In his …” „… self-determination . He maintains that Kosovo has been a constitutive entity of the former SFRY since the …” „… self-determination by Kosovo as this Commission referred to Article 5 of the Con- 1) See in this regard P . Hilpold …”

doi.org/10.24989/0014-2492-2014-34

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