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  • Author or Editor: Aristoteles Constantinides x
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Aristoteles Constantinides

The chapter presents an overview of the fragmented international legal framework on the social rights of minorities. For the most part, there is no mention of minorities in social rights instruments and no mention of social rights in minority rights instruments. The legal framework mainly consists of nondiscrimination provisions in universal and regional human rights instruments whose relevance to minorities is made plain in the practice of the respective monitoring bodies. Yet, the interaction of various international actors (political organs, courts, expert bodies, NGOs) has considerably improved the legal landscape, particularly in Europe, by specifying relevant state obligations. Social rights of minorities have been made justiciable in various ways in various international judicial and quasijudicial fora. The case law exemplifies the interdependence of human rights but also illustrates the structural discrimination and social vulnerability of minorities, which prevents their equal access to social services and their effective participation in social life.

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Theodore Christakis and Aristoteles Constantinides

Secessionist conflicts also have territorial consequences, as the creation of a new state entails questions relating to the boundaries between it and the parent state. The authors discuss the legal issues inherent to such situations, relating both to the title of territorial sovereignty of the seceding entity and to the delimitation of its boundaries.