Kisebbségvédelem és a nemzetközi szervezetek: dokumentumok a Minority Rights Group kisebbségjogi publikációiból
In: Kisebbségi adattár 11
In: Kisebbségi adattár 11
In: Erdélyi jogélet, Band 1, Heft 3, S. 13-30
ISSN: 2734-7095
In my study, I explore the logical self-contradictions stemming from the legal category of the national minority and argue that the minority rights that create this category are unsuitable for resolving the fundamental existential paradox of minority status. Similarly to Sándor Makkai, I see the minority paradox in the lack of homeliness of the physical home. In my view, homeliness as a measure of social defaultness is a function of the consensus prevailing in society and thus is related to the legal order of the state hosting the minority. To resolve this existential paradox of ethnic Hungarians in Transylvania, I find it necessary to recognize the right to homeliness, which entails stepping out from the paradigm of minority rights.
In: Erdélyi jogélet, Band 1, Heft 3, S. 65-70
ISSN: 2734-7095
The paper proposes an alternative (complementary) narrative for minority rights protection, which is based on dissociation and expressive language. Minority rights protection, besides the traditionalist thinking, should endeavour to identify the buzzwords that are familiar to the rule-of-law and human rights discourse of the 21st century. This quest should have two aspects: dissociation from the (fake) sovereignty associations and articulation of ethnic discrimination.
In: Erdélyi jogélet, Band 1, Heft 2, S. 27-57
ISSN: 2734-7095
The purpose of the study is to explain the evolution of regulations that resulted in minority rights for Romanians living in Transylvania in the pre-1918 period. The study analyses in detail the advancement of the idea of " nationalities" (in the meaning of national minorities) in the legislation from the last decade of the 18th century and presents the legal claims of the Transylvanian Romanians against the Habsburg Empire and the Hungarian Parliament. The authors present the Nationalities Act adopted in the 1848 revolution, but left without consequences, and examine the development of laws on minority rights during the legislative period following the Austrian-Hungarian settlement. The article discusses the grand debate on the act on nationalities, which took place in the Hungarian Parliament in 1868, and describes the later assimilation efforts by the majority lawmakers. The authors draw attention to the fact that non-Hungarian nationalities acquired a minority status only after the adoption of the Nationalities Act by the Hungarian state, which became a so-called majority state.
In: Erdélyi jogélet, Band 1, Heft 1, S. 37-42
ISSN: 2734-7095
The study presents in brief the life of Imre Mikó, lawyer, author of several significant works of legal literature in the field of minority rights in inter-war Transylvania, who was also, briefly, a member of the Hungarian Parliament. The life and activity of Imre Mikó may be divided into two major periods. Before the Second World War, as a student of law and theology, and later as a minority rights advocate he distinguished himself with a wide array of interests, both in the field of law and politics. He was appointed to the minority protection service of the Hungarian Community in this period. His activity was interrupted by the advent of World War Two. During the war, he fell into captivity, and, after his release from the Soviet Union, he attempted to resume his political and advocacy carrier only to be side-lined, spending almost two decades in the menial occupation of bookshop clerk. His belated and partial rehabilitation following his appointment as chief curator of the Unitarian Church is described in the study. The study also makes mention of the newly discovered information regarding the fact that Imre Mikó, under significant duress, collaborated with the Securitate, while at the same time he was himself under surveillance.
This study is a continuation of the previously published paper in the Central European Publications No. 35, which presented the political controversies about the codifing of the Trianon Peace Treaty and that massive pressure exerted on Hungary by the great powers for the purpose of making it. The antecedents of the ratification process and the entry into force of the peace treaty were the result of more than one year's process. The study describes the period from 4th June 1920, the signing of the peace treaty, till 26th October 1920, the referral of the peace treaty to the National Assembly. The paper presents in details the content of the ratification bill and its justification. It analyzes the content of the letter in which the Hungarian party informed the ambassadors' commission on the submission of the bill. At the same time, asking the great powers to call on the governments of neighboring countries to respect the minority rights of millions of Hungarians, who were attached to them as a result of the peace treaty. The study describes the French Prime Minister's response to the Hungarian letter, and follows up with the further developments of the ratification of the Trianon Peace Treaty, presents the leading political opinions and the decisions of the National Assembly that determined the Hungarian political life and affected the public's everydays, until the beginning of the ratification debate of the National Assembly, from 13rd November 1920.
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