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Vol 22 No 2 Feb/March 2017

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

Edited by: Marc Weller

ISBN13: 9780199278589
ISBN: 019927858X
Published: March 2005
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £140.00
Paperback edition , ISBN13 9780199207626

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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.

Public International Law
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
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

The International Criminal Court: A Commentary on the Rome Statute 2nd ed ISBN 9780198739777
Published September 2016
Oxford University Press
£58.33 + £11.67 VAT
Diplomatic Law: Commentary on the Vienna Convention on Diplomatic Relations 4th ed ISBN 9780198703969
Published January 2016
Oxford University Press
The United Nations Convention Against Torture: A Commentary ISBN 9780199280001
Published March 2008
Oxford University Press
The 1972 World Heritage Convention: A Commentary ISBN 9780199291694
Published March 2008
Oxford University Press