The rights of minorities in Europe : a commentary on the European Framework Convention for the Protection of National Minorities

書誌事項

The rights of minorities in Europe : a commentary on the European Framework Convention for the Protection of National Minorities

edited by Marc Weller

(Oxford commentaries on international law)

Oxford University Press, 2005

タイトル別名

The rights of minorities

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注記

HTTP:URL=http://www.loc.gov/catdir/toc/ecip054/2004029383.html Information=Table of contents

Includes bibliographical references (p. [667]-674) and index

内容説明・目次

内容説明

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.

目次

  • 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

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