Details
- 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
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 Convention'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.
Preface by Marc Weller
Selected Abbreviations
Notes on Contributors
Table of Cases
International Instruments, National Legislation, and Implementation Bodies
Council of Europe Official Documents on the Framework Convention
Rainer Hofmann: The Framework Convention for the Protection of National Minorities: An Introduction
Asbjørn Eide: The Framework Convention in Historical and Global Perspective
Tove H. Malloy: The Title and Preamble
Section I
Article 1: Hans-Joachim Heintze:
Article 2: Peter Hilpold:
Article 3: Hans-Joachim Heintze:
Section II
Article 4: Gudmunder Alfredson:
Article 5: Geoff Gilbert:
Article 6: Goeff Gilbert:
Article 7: Zdenka Machnyikova:
Article 8: Zdenka Machnyikova:
Article 9: John Packer, Sally Holt:
Article 10: Fernand de Varennes:
Article 11: Fernand de Varennes:
Article 12: Patrick Thornberry:
Article 13: Patrick Thornberry:
Article 14: Fernand de Varennes, Patrick Thornberry:
Article 15: Marc Weller:
Article 16: Jennifer Jackson-Preece:
Article 17: Jennifer Jackson-Preece:
Article 18: Jennifer Jackson-Preece:
Article 19: Lauri Hannikainen:
Section III
Article 20: Peter Hilpold:
Article 21: Peter Hilpold:
Article 22: Lauri Hannikainen:
Article 23: Peter Hilpold:
Section IV
Articles 24-26: Kyriaki Topidi:
Section V
Articles 27-32: Matthew Draper:
Marc Weller: Conclusion: The Contribution of the European Framework Convention for the Protection of National Minorities to the Development of Minority Rights
Appendix 1: The Framework Convention for the Protection of National Minorities
Appendix 2: Explanatory Report to the Framework Convention for the Protection of National Minorities
Select Bibliography
Index
Edited by Marc Weller, Director of the European Centre for Minority Issues and an Assistant Director of Studies at the Centre of International Studies, University of Cambridge, Fellow of the Lauterpacht Research Centre for International Law and of Hughes Hall, Cambridge.
Contributors:
Rainer Hofmann
Asbjørn Eide
Tove H. Malloy
Hans-Joachim Heintze
Peter Hilpold
Gudmunder Alfredson
Geoff Gilbert
Zdenka Machnyikova
John Packer
Sally Holt
Fernand de Varennes
Patrick Thornberry
Marc Weller
Jennifer Jackson-Preece
Lauri Hannikainen
Kyriaki Topidi
Matthew Draper
"The logically consistent structure of the chapters, the comprehensive cross-references, as well as the critical analyses of drafting and implementing procedures, all contribute to making the volume a highly constructive read" - Ethnopolotics
