Religion as an Element of National Identity of National Minorities in Border Areas (Legal Aspects)

Đurić, Vladimir (2012) Religion as an Element of National Identity of National Minorities in Border Areas (Legal Aspects). In: Religion, Religious and Folk Customs on the Border. Yugoslav Society for the Scientific Study of Religion, Niš, pp. 25-45. ISBN 978-86-86957-13-9

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Abstract

The legal determination of the notion of specific social groups, as the previous issue upon which depends the individual and collective enjoyment of numerous human rights, is one of the most complex issues of theory and practice of public international and constitutional law. In order to acquire le-gal personality, or for their legally relevant existence, groups as such, in numerous countries must be recognized by the legal system, which places the problem of "how to define the borders of the collective in a non-coercive manner in the forefront, while, on the other hand, the manner in which specific elements of the notion of specific social groups will be nomotechnically formulated significantly influences the legal practice, i.e. the subsequent processes of legal interpretation and application. In all multinational and multi-cultural societies the issues of determining notions such as religion and national minority, particularly religion as an element of national identity, also causes significant political debates and can have important political consequences. The relation between the concepts of religion and national minority, particularly the issue of religion as an element of national minority identity, their notional and substantive legal determination in the legal system is the subject of this work. In this work, specific attention will be given to the analysis of those issues in cases of national minorities in border areas which have their "own" kin-states that have concluded national minority protection agreements with the Republic of Serbia.

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