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A broad network of bilateral treaties for the protection of national minorities has been set up during the past fifteen years. They complement and further develop the Framework Convention for the Protection of National Minorities and other multilateral instruments. Some texts are genuine international treaties, while others are non-binding political documents. The present book brings all these texts together in a reliable English translation, which offers practitioners and researchers easy access to and supplies knowledge on the present state of development of the conventional and customary sources of law in this field. The introductory study helps further understanding of the legal character of the texts and explains how to work with these often complex and interrelated sources of law.
While allegations of double standards are mostly voiced in relation to the EU, this book takes a multidimensional approach to the use of differential standards concerning minorities and minority protection. Not only do academics from different disciplines contribute to the volume but the multidimensionality also resides in the fact that several international organisations active in the field of minority protection are included in the analysis. Furthermore differential standards are also discussed in relation to the (ongoing debate about the status and rights of) ‘new’ minorities. Finally, the challenge of protecting minorities and other vulnerable groups within minorities is addressed. In the process the book revisits the fundamental tenets of minority protection as well as the basic rational of the international organisations concerned.
This volume examines minority protection in international law. Its task is twofold: to examine existing methods of minority protection, and to analyse the underlying justifications of minority protection as reflected in international legal standards and discourse. Part I outlines the theoretical framework; Part II addresses minority protection and its justifications in the League of Nations, the Council of Europe, the OSCE and the United Nations. Finally, the author argues that it is possible to develop a working holistic approach to minority protection combining protection of peace, human dignity and culture.
The protection of national minorities is a core issue for the Council of Europe, and one of the major achievements in this field is the Framework Convention for the Protection of National Minorities. The entry into force of the Framework Convention on 1 February 1998 was indeed an event of universal stature, for it is the first ever legally binding multilateral instrument devoted to the protection of national minorities in general. Its importance is widely acknowledged, and the number of ratifications has grown rapidly. Simultaneously, an emphasis is being placed on the implementation and on the efficient functioning of the monitoring mechanism of the Framework Convention. This collection provides all those interested in the protection of national minorities a user-friendly compilation of the basic texts concerning the Framework Convention. In addition to the Framework Convention and its explanatory memorandum, the collection contains texts pertaining to the monitoring mechanism in general and the Advisory Committee in particular. It further provides the state of signatures and ratifications as well as declarations and reservations. It also contains a list of State Reports received and Opinions of the Advisory Committee adopted under both the first and second cycles of monitoring.
A broad network of bilateral treaties for the protection of national minorities has been set up during the past fifteen years. They complement and further develop the Framework Convention for the Protection of National Minorities and other multilateral instruments. Some texts are genuine international treaties, while others are non-binding political documents. The present book brings all these texts together in a reliable English translation, which offers practitioners and researchers easy access to and supplies knowledge on the present state of development of the conventional and customary sources of law in this field. The introductory study helps further understanding of the legal character of the texts and explains how to work with these often complex and interrelated sources of law.
In Minorities, their Rights, and the Monitoring the European Framework Convention for the Protection of National Minorities, Malloy and Caruso have collected a number of essays authored by prominent European experts on minority rights with aim to provide a first ever description and analysis of the processes guiding the monitoring of the Convention. The volume addresses both the technical and political side of the monitoring, and it brings in not only views from the host of the Convention, the Council of Europe, but also from the external players that interact with the Convention in the course of seeking to protect Europe’s national minorities
We live in a world that not only sets standards for, but also professes its commitment to promoting and protecting ‘rights’. Since ours is an age of heightened public interest in auditing the actual realisation of such standards and commitment, the first major focus of this book is a critical account of international standards aimed at the protection of minorities. To that end, it concentrates on four key dimensions. Firstly, it addresses the issue of the identification of minorities as understood by international law. Secondly, it outlines a brief history on the development of international law towards improving the protection of minorities. Thirdly, it gives an overview of international instruments and mechanisms on minorities. Finally, it analyses the rights of minorities under international standards. All these dimensions point to the fact that international minority rights lag behind the development of other branches of rights. The second major focus of this book is to relate international standards on minority protection to South Asian regimes. Concentrating on India, Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan, the Maldives, and Afghanistan, an endeavor is made to examine the state of minorities and their protection under the domestic regimes. It emerges that the normative commitments of these states are more or less compatible with international standards. Nevertheless, majority-minority syndrome persistently remains as one of the causes behind multidimensional deprivation and victimization of South Asian minorities. The present book also assesses the extent to which regional cooperation in South Asia has so far contributed to extending protection to minorities. This ends with an argument that SAARC (South Asian Association for Regional Cooperation) has the potential to play a far greater role in this regard.
This book, the first in the series of publications on minority issues, provides a critical overview of the protection of minority groups in international law. Topics covered include: the definition of a minority, concepts of state sovereignty and self-determination; the historical context to international human rights law; the legal frameworks developed by the UN, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE) and the EU; as well as examples of legal approaches adopted by individual European countries to address the protection of minorities.
The Framework Convention for the Protection of National Minorities: A Commentary, edited by Rainer Hofmann, Tove H. Malloy and Detlev Rein, presents an updated article-by-article assessment of the monitoring of the Convention’s implementation. The Convention was opened for signature in 1995 and entered into force on 1 February 1998. Within a very short period of time, it was ratified by 39 Council of Europe member states, and it constitutes the first (and only) international treaty establishing legally binding obligations concerning the rights of persons belonging to national minorities. In this volume, the monitoring of the Convention is assessed by eminent experts in the field of minority protection. They survey the scope of application as interpreted by the Advisory Committee during the first four cycles of monitoring by analyzing its approach and offering their individual assessments of potential improvements. The volume thus updates and augments previous assessments.
In 1998 the Council of Europe Framework Convention for the Protection of National Minorities entered into force. This study evaluates how the standards of the Framework Convention function in reality and whether the interests of minorities are best served by this form of protection by the international community. The author assesses the use of international principles on rights for minorities in Slovakia, Romania and Bulgaria, three states with a difficult socio-economic situation and large minority populations. Two specific principles embodied in the Framework Convention are focused upon. The first, the principle of non-discrimination, is discussed with regard to the Roma minority in Slovakia, Romania and Bulgaria, the Muslim minority in Bulgaria, and in relation to the Benes Decrees affecting the Hungarians and German minority in Slovakia. The second principle, protection of linguistic rights, is discussed in relation to the Hungarian minority in Slovakia and Romania and to the Roma minorities. Specific to this book: • Provides a detailed examination of the Council of Europe Framework Convention for the Protection of National Minorities, which entered into force in 1998 • Looks specifically at the minorities of Slovakia, Romania and Bulgaria • Of particular interest in light of the recent accession of other Eastern European countries to the European Union