Minority Rights, Freedom of Expression and of the Media: Dynamics and Dilemmas

This book offers a rigorous, theory-based, and uniquely comprehensive analysis of European and international legal standards shaping minorities' right to freedom of expression. The analysis pays particular attention to the instrumental role played by traditional and new forms of media in ensuring that the right to freedom of expression of persons belonging to minorities is effective in practice. The relevant international legal framework is set out in detail, including a careful examination of the relationship between generalist and minority-specific international human rights instruments. Attention is paid to the historical circumstances in which key instruments were developed and to the contemporary context in which they are now being interpreted. The analysis is also informed by an awareness of institutional and political dynamics. All of this forms the basis for the book's central objective: to mount a critical evaluation of the existing international legal framework governing freedom of expression for minorities, while drawing on theoretical insights gained from human rights scholarship and communications science. The first major focus of the evaluation is the regulation and restriction of expression to protect minority rights, in which issues - such as pluralism, tolerance, and "hate speech" - are centrally featured. The book's second major focus - the regulation and facilitation of expression to promote minority rights - explores cultural and linguistic rights and media access questions. (Series: School of Human Rights Research - Vol. 44) *** "McGonagle's book is an invaluable read for anyone researching minority rights and freedom of expression and of the media under international or European laws." - NYU Journal of International Law and Politics, Volume 45, Issue 3, 2013