Considerations on the importance of the Framework Convention for the Protection of National Minorities Cover Image

Consideraţii asupra importanţei convenţiei-cadru pentru protecţia minorităţilor naţionale
Considerations on the importance of the Framework Convention for the Protection of National Minorities

Author(s): Roxana Alina Petraru
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Lumen, Asociatia Lumen
Keywords: Framework Convention for the Protection of National Minorities; Council of Europe; Advisory Committee; national minorities

Summary/Abstract: The Framework Convention for the Protection of National Minorities was adopted by Committee of Ministers of the Council of Europe on 10 November 1994. It was opened for signature on 1 February 1995 and entered into force 1 February 1998. The Convention is the outcome of a decision taken at the 1993 Vienna Summit of Heads of States and Governments.The Framework Convention for the Protection of National Minorities is the first multilateral instrument developed to address the situation of minorities in general that is legally binding. It uses ‘programme-type provisions’. States are given ‘a measure of discretion’ in deciding how to implement the Convention’s objectives at home based on the specific circumstances in their countries. This happens because minority situations differ greatly from country to country and consequently require different approaches. Implementation of the FCNM is monitored by the Committee of Ministers with the assistance of the Advisory Committee. The Advisory Committee is made up of 18 experts from states that have ratified the FCNM. The conclusions and recommendations of the Committee of Ministers are not legally binding and there is no sanctioning system. NGOs can encourage changes in domestic legislation and practice in accordance with the principles set forth in the Convention. NGOs and minority communities to be directly involved in the preparation of the State report. These organizations can send information at any time to the Secretariat of the Framework Convention at the Council of Europe. In this article we will emphasize the importance of the Framework Convention for the Protection of National Minorities which can be regarded as the most recent and comprehensive of international standards on national minorities.

  • Issue Year: II/2013
  • Issue No: 1
  • Page Range: 361-367
  • Page Count: 7
  • Language: Romanian