Subjects:

Public International Law

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

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.