Ochrona praw osób należących do mniejszości narodowych w systemie prawnym Rady Europy
Protection of the Rights of Persons Belonging to National Minorities in the Legal Framework of the Council of Europe

Summary/Abstract: The aim of the article is to establish whether the mechanism of the Council of Europe, with a variety of approaches and working methods at its disposal, really makes a difference to the protection of national minorities. Framework Convention for the Protection of National Minorities as the primary document guaranteeing protection by the Council of Europe to persons belonging to minorities and The European Charter for Regional or Minority Languages adopted to protect and promote historical regional and minority languages in Europe, are precisely analyzed in the article, also within the context of the effectiveness of their control mechanisms. The author also presents the case-law of the ECHR. Considering the fact that the Convention and Charter contain mostly programme – type provisions, the article presents the activity of the control bodies – especially Advisory Committee on Minorities, which has put a lot of time into interpreting the provisions as well as providing guidance to States on how to implement them. The author also presents practical and political obstacles to full implementation of the provisions mentioned above.

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