Table Of ContentMinority Rights and Liberal
Democratic Insecurities
This book addresses the impact of a range of destabilising issues on minority
rights in Europe and North America.
This collection stems from the fact that liberal democracy did not bring
about the “end of history” but rather that the transatlantic region of Europe
and North America has encountered a new era of instability, particularly since
the global financial crisis. The transatlantic region may have appeared to be
entering a period of stability, but terrorist attacks on the soil of Euro-Atlantic
states, the financial crisis itself and other changes, including mass migration, the
rise of populism, changes in fundamental political conceptions, technological
change, and most recently the Covid pandemic, have brought increasing
uncertainties and instabilities in existing orders. In these contexts, the book
investigates the resulting difficulties and opportunities for minority rights.
Bringing together scholars from a range of disciplines who are engaged in work
on various unstable orders, the book provides a unique and largely neglected
perspective on present developments as well as addressing the pressing issue of
the future of the minority rights regime at global, regional and national levels.
This book will appeal to those with interests in minority rights, human
rights, nationalism, law and politics.
Anna-Mária Bíró is Director of the Tom Lantos Institute, Budapest, an
international research and education institution in the human rights of
minorities.
Dwight Newman is Professor of Law and Canada Research Chair in
Indigenous Rights in Constitutional and International Law at the University
of Saskatchewan.
Minority Rights and Liberal
Democratic Insecurities
The Challenge of Unstable Orders
Edited by Anna-Mária Bíró and
Dwight Newman
Managing Editor – Sean Waller
First published 2023
by Routledge
4 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa
business
a GlassHouse book
© 2023 selection and editorial matter, Anna-Mária Bíró and
Dwight Newman; individual chapters, the contributors
The right of Anna-Mária Bíró and Dwight Newman to be
identified as the authors of the editorial material, and of the
authors for their individual chapters, has been asserted in
accordance with sections 77 and 78 of the Copyright, Designs
and Patents Act 1988.
All rights reserved. No part of this book may be reprinted
or reproduced or utilised in any form or by any electronic,
mechanical, or other means, now known or hereafter invented,
including photocopying and recording, or in any information
storage or retrieval system, without permission in writing from
the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British
Library
ISBN: 978-1-032-14546-4 (hbk)
ISBN: 978-1-032-14547-1 (pbk)
ISBN: 978-1-003-23987-1 (ebk)
DOI: 10.4324/9781003239871
Typeset in Bembo
by Apex CoVantage, LLC
Contents
List of Figures viii
List of Tables ix
List of Contributors x
Acknowledgements xii
Introduction 1
ANNA-MÁRIA BÍRÓ AND DWIGHT NEWMAN
PART I
Interdisciplinary Perspectives on Minority Rights
Within the Changing International Order 5
1 International Order, Diversity Regimes and Minority
Rights: A Longue Durée Perspective 7
ANNA-MÁRIA BÍRÓ AND CORINNE LENNOX
2 Prefatory Remarks: An Inside Perspective from
an Outsider: The UN Special Rapporteur’s View
on Minority Rights at the UN 39
FERNAND DE VARENNES
3 The Double-Edged Sword of External Citizenship
and Minority Protection in Post-Communist Europe 55
SZABOLCS POGONYI
4 Unstable Orders and Changing Minority Protection:
The Effects of Urbanisation 76
BENGT-ARNE WICKSTRÖM
vi Contents
PART II
Migration, New Threats to Minority Identity and the
Complexities of Religious Identities 97
5 Undocumented Migrants, Refugees and Asylum
Seekers: Can Minority Rights Law Stabilise the
Unsettled Order? 99
ALEXANDRA XANTHAKI
6 Anti-immigrant Populism and the Duty of Respectful
Engagement 117
PATTI TAMARA LENARD
7 Minority Identity in Digital Governance and the
Challenges of Online Hate Speech and Content
Regulation 135
KYRIAKI TOPIDI
8 Minority Rights Implications of Changing State
Engagement with Religion 156
DWIGHT NEWMAN
PART III
Distinctive Issues with Indigenous Peoples and Roma 169
9 An Unsettled Liberal Democratic Order and
Indigenous Peoples’ Legal Rights 171
MATTIAS ÅHRÉN
10 Roma Participation as a Challenge for Minority Norms 189
IULIUS ROSTAS
PART IV
Citizenship, Anti-immigrant Populism and
Emergency Contexts 215
11 American Citizenship and State Abandonment 217
BRIANA L. McGINNIS
Contents vii
12 The Covid-19 Factor: How the Virus Shapes Relations
Between States, Regions and Minorities in Europe 233
ATTILA DABIS AND BÉLA FILEP
Index 256
Figures
4.1a Iso-cost Curve: Spatial good. 81
4.1b Iso-cost Curve: Non-spatial good. 81
4.2.a P opulation development in Transylvania: Number of persons
with Romanian or Hungarian as mother tongue
in Transylvania. 83
4.2.b Population development in Transylvania: Number
of persons with Romanian or Hungarian as mother tongue
in Cluj-Napoca/Kolozsvár. 83
4.3a Population development in Uusimaa/Nyland: Number
of persons with Finnish, Swedish or other languages as
mother tongue in Uusimaa/Nyland. 85
4.3b P opulation development in Uusimaa/Nyland: Number of
persons with Finnish, Swedish or other languages as mother
tongue in Helsinki/Helsingfors. 85
4.4a Percentage rule: Rural area. 90
4.4b Percentage rule: Urban area. 90
4.5a “Finnish” rule: Rural area. 91
4.5b “Finnish” rule: Urban area. 91
Tables
4.1 Changes in the Hungarian- and Romanian-speaking
populations of Transylvania from 1948 to 1992. 83
4.2 Changes in the Swedish- and Finnish-speaking populations
in Uusimaa/Nyland from 1930 to 2018. 85
10.1 Percentage of Europeans who have a favourable/
unfavourable opinion of Roma/Muslims/Jews in their
country. 201
