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PRIKAZ KNJIGE: BARBARA PISKER, KRITIČKA PRAVNA TEORIJA: IZVORI, ZNAČAJKE I DOSEZI, VELEUČILIŠTE U POŽEGI, POŽEGA, 2022
In: Pravni vjesnik: časopis za pravne i društvene znanosti Pravnog fakulteta Sveučilišta Josipa Jurja Strossmayera u Osijeku : journal of law and social sciences of the Faculty of Law, Josip Juraj Strossmayer University of Osijek, Volume 38, Issue 3-4, p. 203-204
ISSN: 1849-0840
Policy of Multiculturalism in Serbia: Between Legal Confusion and Social Segregation
The paper which was developed at the Institute of Social Sciences within the research made for the project entitled "Social Transformations in the Process of European Integrations – Multidisciplinary Approach" provides a critical overview of the policy of multiculturalism in the Republic of Serbia. Constitutional solutions and legislation which regulate the status of national minorities do not correspond to the country's multiethnic nature. In consequence, Serbia is reduced to a state in which the policy of multiculturalism is replaced with the policy of the state consensus with monocultural groups pertaining to the protection of their vital interests. Such political constellation befi ts only the most numerous, as well as territorially and politically homogeneous national minorities with clearly defi ned negotiating positions.
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Multikulturalizam: kako dalje? ; Multiculturalism: Future Perspectives?
Odricanje od multikulturalizma u praksi suvremene liberalne države ("multikulturalizam je mrtav"), ali djelomično i u liberalnoj teoriji, zanemaruje činjenicu da su je multietničnost društveno stanje neovisno o ideologiji i da je preživjelo "kraj povijesti". Zaboravlja se i to da su politike multikulturalnosti postojale i prije nego što je konstituirana liberalna država. Ukoliko se u obzir uzmu ove činjenice, onda se problem odnosa suvremene liberalne države prema multietničnosti čini još kompliciranijim od konstatacije da je multikulturalizam među prvim žrtvama krize globalnog liberalizma. Ako se pomirimo s činjenicom da je multietničnost fenomen koji je prežvljavao i najveća moralna srozavanja civilizacija, onda se moramo upustiti u raspravu i promišljanja o tome – kakve politike multikulturalnosti odgovaraju suvremenoj liberalnoj državi. ; Waiver of multiculturalism in practice of modern liberal state ("multiculturalism is dead"), partly in liberal theory too, ignores the fact that the societal multi-ethnic situation exists independently of ideology, and that it has survived even "the end of history." It is also forgotten that the policy of multiculturalism existed before the liberal state was constituted. If we take into account these facts, the problem of relationship of modern liberal state and multi-ethnicity becomes even more complicated than just being among the first victims of the crisis of global liberalism. If we accept the fact that the multi-ethnic phenomenon has persisted even after the biggest moral degradation of civilization, then we have to engage in discussion and reflection on – how the policy of multiculturalism corresponds with the liberal state.
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Human security and multiculturalism
This paper discusses the relationship between the ethnic nature of modern multicultural societies and the public security. Security is a human right, and providing it is essential for protecting the life, dignity and freedom of citizens. Requests for the protection and equality of ethno-cultural identities and the creation of social relations in which ethnic and cultural differences are not a stability barrier, arise from the people's needs for not only their personal and civil rights, but also group and cultural rights. In an effort to recognize the requirements for the protection of ethno-cultural identity and thus provide stability and development, the modern liberal state has redefined the paradigm of ethno-cultural neutrality and through the process of globalization developed a policy for "reducing cultural differences" whose main levers are the principles of equality, tolerance and respect for diversity. The responses of nation-states to the challenges of multiculturalism in the 21st century differ vastly among themselves: from the acceptance of the idea of human security in the immediate multicultural environment as the basis for development; through recognition of different forms of autonomy and self-government of national minorities; to the sharp opposition to the demands of the minorities for the secession or recognition of political autonomy of the ethnically homogeneous areas within the modern state. Contemporary politics of multiculturalism, that have been roughly criticized by the heads of the "Western democracy" states at the beginning of 21st century, are marked with the fear of terrorism, fear and misunderstanding of Islam and the syndrome that "the colonies colonized colonizers" (highly increased number of the immigrants from the former colonies in Africa and Asia in the European countries). Western Balkan countries, after a period political ethnification and ethnic conflicts at the end of the last century, have specific policies of monocultural multiculturalism" as the answer to the challenges ...
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Discrimination and Roma identity in Serbia
The paper was based on contemporary legal, sociological and anthropological literature concerning the issues of discrimination and integration of Roma, as well as on the data obtained in two research projects realised in 2020: "Research on Social Relations among Ethnic Communities in Serbia" (Institute of Social Sciences) and "Roma Equality through Increased Legal Access" (Minority Rights Group). Results of the former project were based on data collected by quantitative methods (national internet sample and field research), while those of the latter were gathered by means of qualitative methods, i.e. interviews with 42 female and 17 male respondents realised in eight focus groups. Crossing the empirical data pertaining to discrimination of the Roma citizens living in Serbia, with the legislative system which should supress and gradually eliminate all forms of discrimination, indicates the depth of the social dimension of this problem, but also the vagueness and deficiencies of the very system.
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The lack of ethnically sensitive data in Serbia's multiculturalism policy
International organisations whose bodies monitor the realisation and protection of the rights of national and ethnic minorities (Council of Europe, United Nations) have expressed their concern about the lack of data in the Republic of Serbia's reports on the protection of the rights of national minorities, and they have provided some recommendations in order to amend the situation. Prompted by these remarks, this paper considers the flaws in Serbia's policy of multiculturalism. The main finding – that Serbia's policy of multiculturalism is not founded on verified and measurable data – has been examined further by indicating the principles and methodologies of collecting data based on ethnic and national identity. By using a range of examples, the paper points to the social issues that occur due to neglect in collecting data on citizens' ethnicity, while the necessity of an interdisciplinary approach to collecting such data is also considered. A holistic approach to researching ethnicity assumes using not only demographic methods, but also methods from and knowledge of other social sciences and humanities. The United Nations supports the idea that the approach to ethnically sensitive data should be holistically founded with its position that all data regarding people's identity must be based on human rights – a Human Rights-Based Approach to Data (HRBAD), in which case the relevance of statistical data is promoted.
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Media Reporting National Minorities in Serbia – The Role of Independent Institutions
This paper analyses public policies and legal framework of media reporting on national minorities in Serbia, the role and practice of independent bodies with regard to media reports which are not in line with legal and professional standards, and the impact of such reporting on the status of national minorities and the level of implementation of minority rights. We analysed public policies and legal framework and professional standards in media reporting on national minorities in Serbia, as well as their implementation by independent bodies. The legislation regulating media reporting on national minorities, primarily the Law on the Prohibition of Discrimination and a set of media laws proscribe the expression of ideas, information or opinions that instigate discrimination, hatred or violence against minorities. Journalists are bound by professional standards defined in the Serbia Journalists' Code of Ethics to oppose anyone who violates human rights or advocates any type of discrimination or hatred or instigates violence. The Code of Ethics requires journalists to be aware of the threats of discrimination the media can spread and to give their best to avoid discrimination. The practice of the Commissioner for the Protection of Equality with cases of discriminatory reporting on national minorities in the media, as well as the practice of the Press Council, as an independent self-regulatory body, indicates that the protection of the rights of national minorities in media needs improvement.
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Social status of the Roma in Serbia: Demographic aspects in public multiculturalism policies
Multiculturalism policy in Serbia is an example of compromises made by monoculturalists between the issues surpassing the conservative paradigm of tolerance for ethnic and cultural differences and the normative protection of their identities. An unsystematised approach to shaping multiculturalism policy led to disregard or misinterpretation of demographic factors. Through the examples of how the rights to ethnic and cultural identities are obstructed for the Bosniak population in Priboj and Aromanians in Serbia, and the analysis of problems stemming from the centralist organisation of minority self-governments, the paper points to the weaknesses of the current multiculturalism policy and the need for introducing demographic criteria for it to be brought into line with the nature of multiethnicity in the country. The paper points to the issues and difficulties arising from this for the Roma national minority in the realisation of their rights. Despite of being a large national minority, its members are not able to enjoy full cultural autonomy because the realisation of rights is not in line with the demographic characteristics of the Roma. A reform of the multiculturalism policy would remove the existing obstacles and enable effective protection of ethnic, cultural and linguistic identities of minorities.
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Stanje i perspektive multikulturalizma u Srbiji i državama regiona: zbornik radova sa naučnog skupa održanog 10. i 11. decembra 2015
In: Naučni skupovi knjiga 165