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Vol 21 No 11 Nov/Dec 2016

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The Rights of Minorities: A Commentary on the European Framework Convention for the Protection of Minorities

Edited by: Marc Weller

ISBN13: 9780199207626
ISBN: 0199207623
Published: August 2006
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback
Price: £44.49
Hardback edition , ISBN13 9780199278589



Low stock.

The rights of minorities are becoming increasingly important, especially in the context of enlargement of the European Union, yet there are remarkably few treaties dealing with minority rights under international law. One of these is the Council of Europe's Framework Convention for the Protection of National Minorities. This volume provides the first expert commentary on the Convention, which is the principal international document establishing minority rights in a legally binding way. Many minority rights such as those to political participation, non-assimilation, and the use of native languages are not incorporated in other major Human Rights agreements. The Convention is therefore often taken to be the leading standard in the international law of minority rights.

This commentary offers a detailed article-by-article analysis of the Convention, by a group of international legal experts in minority rights. Their commentary draws upon the Convcention's negotiating history and implementation practice, in addition to examining the pronouncements of the Advisory Committee, which is the implementation body attached to the treaty. It offers a clear sense of the concrete meaning of the provisions of the Convention to scholars, students, and members of minority rights groups.

  • The Framework Convention is the principal international document establishing minority rights in a legally binding way
  • Article-by-article guide to all major aspects of minority rights
  • Many minority rights e.g. political participation, non-assimilation, and the use of native languages are not covered by other major Human Rights agreements
  • Commentary incorporates drafting history and implementation practice
  • Clear and detailed interpretation of the provisions of the Convention

Subjects:
Human Rights and Civil Liberties
Contents:
Preface
Introduction to the Council of Europe System of Minority Rights Protection and the Framework Convention for the Protection of National Minorities
Locating the Framework Convention within the universal system of human rights
Preamble
Article 1 Principle of non intervention-link to human rights
Article 2 Good faith in application of FCNM
Article 3 Nomination of minority groups
Article 4 Principle of equality
Article 5 Non-assimilation - Development of identity
Article 6 Tolerance
Article 7 Freedom of assembly association-expression-thought-religion
Article 8 Religion
Article 9 Expression - Media
Article 10 Use of language
Article 11 Use of names and signs
Article 12 Education
Article 13 Identity
Article 14 Language education
Article 15 Effective participation
Article 16 Prohibition of demographic manipulation
Article 17 Cross-frontier contacts
Article 18 Bilateral relations
Article 19 Limitation of derogations
Article 20 Respect of legislation
Article 21 No violation of international law
Article 22 No derogation from human rights
Article 23 Conformity to ECHR
Articles 24-26 Advisory Committee
Articles 27-32 Concluding provisions
Conclusion: Advancing minority rights at regional and universal level
Appendix: The European Framework Convention for the Protection of National Minorities
Appendix: Explanatory Report

Series: Oxford Commentaries on International Law

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