Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	201647
ECTS:	4.0
Course coordinators:	izv. prof. dr. sc. Antonija Petričušić
Lecturers:	izv. prof. dr. sc. Dario Čepo - Lectures
Exam dates:	29. 08. 2022. 12. 09. 2022. Exam registration: Studomat

Literature:

Patrick Thornberry i Maria Amor Martin Estebanez; Prava manjina u Europi: pregled djelatnosti i standarda Vijeća Europe; Zagreb: Ibis grafika (2008), str. 640 Tena Šimonović Einwalter i Antonija Petričušić; Priručnik o ljudskim pravima s naglaskom na zaštiti prava nacionalnih manjina; Zagreb: Centar za mirovne studije (2013), str. 96

Description:

European continent is a mosaic of ethnic groups, cultures, languages, and religion. In the European states, national and ethnic minorities are considered to be citizens of those states who have been living on the territory of a state and sharing a common culture, identity, language and religion whereby they have managed to preserve their identity. European minorities cane into being as a consequence of a migration, of a re-drawing of international borders or as a result of long-term presence of a minority population in some area. The aim of this course is to transfer to law students sociological, politological and legal concepts related to ethnicity and ethnic diversity. At its outset, the course will provide law students with the understanding of principal sociological concepts: the concept of ethnic group, ethnicity, race, cultural diversity, stereotypes, prejudice, social distance, inequality, racism, segregation, models of ethnic coexistence, integration measures, equality data, etc. The course will in addition offer an insight into a current theorizing on citizenship, the right to identity and substantive equality. The course will introduce to law students an up-to-date account of the relevant international legal standards for protection of the rights of national minorities and the developments in supervisory practice of monitoring bodies. The course will therefore analyse the measures envisaged to protect national or ethnic, religious and linguistic minorities in European countries, particularly those developed under the auspices of the Organization for Security and Co-operation in Europe (OSCE), the Council of Europe and the European Union, international organizations that have been continuously committed to a peaceful European order. Their efforts have resulted in developing numerous instruments that prescribe rights of national minorities. Apart from the Council of Europe's legally binding instruments developed to protect and promote rights of national minorities and to protect and preserve regional and minority languages in Europe, the OSCE High Commissioner on National Minorities thematic Recommendations and Guidelines developed to address ethnic tensions and to prevent hostilities over national minority issues will be thoroughly examined. Apart from being guaranteed by numerous multilateral and bilateral international agreements, the rights of persons belonging to minorities are enshrined in the constitutional systems of majority of the European countries. Some of the European states have managed to devise power-sharing arrangements that made possible peaceful coexistence of various ethnic groups, and this course will comparatively analyse the adequacy of minority accommodation in different political systems. The course will in addition equip students with understanding of the equal treatment legislation developed within the European Union and the pre-accession conditionality that requires candidate countries the fulfilment of minority protection. A special focus will be devoted to the importance of equality data collection, i.e. the data collected with regard to age, ethnic or racial origin, sexual orientation, gender identity, disability, religion or belief and multiple grounds, for the effective implementation of minority and antidiscrimination legislation. In addition to standard teaching methods (lecturing and in-class discussions), peer-to-peer learning will be enabled and encouraged throughout the course lecturing.

Cognitive Skills:

After successfully completing the course, students will be able to:

- comprehend the competing claims made in the European diverse societies on behalf of multiculturalism,

- critically assess the relationship between the sociological and politological dimensions of protecting national minorities,

- understand the function and importance of monitoring bodies that are overseeing the implementation of the international law on the protection of national minorities,

- understand the international legal framework for minority protection,

- understand the legal measure for combating ethnic and racial discrimination in Europe,

- understand the importance of legal guarantees for persons belonging to a minority not to be discriminated against,

- enhanced skills to translate applicable rules and standards to the legal work environment.

Practical and Generic Skills:

After successfully completing the course, students will be able to:

- comprehend the competing claims made in the European diverse societies on behalf of multiculturalism,

- critically assess the relationship between the sociological and politological dimensions of protecting national minorities,

- understand the function and importance of monitoring bodies that are overseeing the implementation of the international law on the protection of national minorities,

- understand the international legal framework for minority protection,

- understand the legal measure for combating ethnic and racial discrimination in Europe,

- understand the importance of legal guarantees for persons belonging to a minority not to be discriminated against,

- enhanced skills to translate applicable rules and standards to the legal work environment.

Matching Assessments to Learning Outcomes:

After successfully completing the course, students will be able to:

- define the term national minority, ethnic group, race, cultural diversity, stereotype, prejudice, social distance, inequality, racism, segregation, discrimination, antisemitism, racism, Gypsyism,

- understand the terms politics of recognition and the politics of redistribution,

- understand the collective rights of minorities, such as multiculturalism and communitarianism

- understand the history of minority protection, 

- understand that  the rights of persons belonging to minorities are an integral part of human rights,

- understand protecting and promoting minority rights is essential for peace, security and stability and for promoting tolerance, mutual respect, understanding and cooperation among all persons living on a given territory,

- identify the debates in social and political theory over nationalism, multiculturalism, cosmopolitanism,

- critically assess the right to identity and substantive equality,

- critically assess the principles of dignity, equality and non-discrimination,

- sort out main instruments of minority protection developed within the Organization for Security and Co-operation in Europe and the Council of Europe,

- sort out equal treatment legislation developed within the European Union, understanding there is still no common EU standard for minority rights in the EU,

- explain the role and importance of advisory mechanisms within the Council of Europe for the protection and promotion of minority rights (the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages and the European Commission against Racism and Intolerance),

- explain the right to existence, the right to identity, and the right not to be discriminated against

- explain religious rights, education, cultural rights, political participation, and equality. 

- distinguish the importance soft law and legal binding instruments on minority protection,

- explain the need for equality data collection,

- debate over the relevance and the outcomes of the existing measures for realization of the right to freely express, preserve and develop their cultural or linguistic identity, or the right to the participation of minority groups in decision-making processes,

- debate over the potential for further enhancement of measures that could be taken to align policies and practices to the provisions of the Council of Europe Framework Convention for the Protection of National Minorities and the European Charter for Regional or Minority Languages.

Consultations schedule:

• izv. prof. dr. sc. Antonija Petričušić:

  Office hours via Google Meet following prior notification of interest by email. 

  Location: Trg Republike Hrvatske 3, room 17
• izv. prof. dr. sc. Dario Čepo:

  Tuesday 11 am - 12 pm

  Location: Trg Republike Hrvatske 3, room 25/II.