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Courts and ConsociationsHuman Rights versus Power-Sharing$
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Christopher McCrudden and Brendan O'Leary

Print publication date: 2013

Print ISBN-13: 9780199676842

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199676842.001.0001

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Human rights law and courts in consociations

Human rights law and courts in consociations

(p.34) (p.35) 3 Human rights law and courts in consociations
Courts and Consociations

Christopher McCrudden

Brendan O’Leary

Oxford University Press

Consociational principles have been regarded as potential violators of human rights norms. Two particular rights are the most often challenged: the right not to be treated based on particular prohibited characteristics, such as race and ethnicity; and the dilution of a person's right to participate in the political process on equal terms with others. This chapter discusses human rights law opposition to consociation; human rights in consociational arrangements; courts as part of the consociational agreement; and courts as potential ‘unwinders’ of consociational arrangements.

Keywords:   consociational principles, human rights, courts, consociational agreement

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