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The Rights of Minorities

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

Author: Marc Weller
Publisher: Oxford University Press
ISBN: 9780199278589
Published In: March 2005
Format: Hardback , 740 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Readership: Scholars of international law, human rights, and international relations, governmental and intergovernmental organization officials, and representatives of minority organizations

Marc Weller: Preface

Rainer Hofmann: Introduction to the Council of Europe System of Minority Rights Protection and the Framework Convention for the Protection of National Minorities

Asbjørn Eide: Locating the Framework Convention within the universal system of human rights

Tove H. Malloy: Preamble

Article 1: Hans-Joachim Heintze: Principle of non intervention-link to human rights

Article 2: Peter Hilpold: Good faith in application of FCNM

Article 3: Hans-Joachim Heintze: Nomination of minority groups

Article 4: Gudmundur Alfredsson: Principle of equality

Article 5: Geoff Gilbert: Non-assimilation - Development of identity

Article 6: Geoff Gilbert: Tolerance

Article 7: Zdenka Machnyikova: Freedom of assembly association-expression-thought-religion

Article 8: Zdenka Machnyikova: Religion

Article 9: John Packer & Sally Holt: Expression - Media

Article 10: Fernand de Varennes: Use of language

Article 11: Fernand de Varennes: Use of names and signs

Article 12: Patrick Thornberry: Education

Article 13: Patrick Thornberry: Identity

Article 14: Patrick Thornberry & Fernand de Varennes: Language education

Article 15: Marc Weller: Effective participation

Article 16: Jennifer Jackson Preece: Prohibition of demographic manipulation

Article 17: Jennifer Jackson Preece: Cross-frontier contacts

Article 18: Jennifer Jackson Preece: Bilateral relations

Article 19: Lauri Hannikainen: Limitation of derogations

Article 20: Peter Hilpold: Respect of legislation

Article 21: Peter Hilpold: No violation of international law

Article 22: Lauri Hannikainen: No derogation from human rights

Article 23: Peter Hilpold: Conformity to ECHR

Articles 24-26: Topidi: Advisory Committee

Articles 27-32: Matthew Draper: Concluding provisions

Marc Weller: Conclusion: Advancing minority rights at regional and universal level

Appendix: The European Framework Convention for the Protection of National Minorities

Appendix: Explanatory Report

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:
Prof. Gudmundur Alfredsson
Mr. Matthew Draper
Prof. Asbjørn Eide
Prof. Geoff Gilbert
Prof. Lauri Hannikainen
Dr. Hans-Joachim Heintze
Prof. Peter Hilpold
Prof. Rainer Hofmann
Ms. Sally Holt
Dr. Jennifer Jackson Preece
Ms. Zdenka Machnyikova
Mr. John Packer
Prof. Patrick Thornberry
Ms Topidi
Dr. Fernand de Varennes
Mr. Marc Weller
Dr. Tove Malloy

"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