Minority Rights in the International Law and the Framework Convention for the Protection of National Minorities
Minority Rights in the International Law and the Framework Convention for the Protection of National Minorities

Author(s): Melina Grizo
Subject(s): Politics, Sociology, Inter-Ethnic Relations, Ethnic Minorities Studies
Published by: Институт друштвених наука
Summary/Abstract: The paper provides an overview of the sources regulating minority rights protection in international law and makes an effort to evaluate in this context the manner in which the FCNM contributes the advancement in the field. Notably, the paper analyses the personal and substantive scope of application of the FCNM, in particular with regards to the development of the principle of positive discrimination. It also evaluates the added value that the hard law obligations bring to the protection of minority rights. Namely, the FCNM keeps the middle ground: compared to the soft law instruments of the UN and the OSCE, it provides legally binding obligations; however, these obligations are not justiciable in front of the ECtHR. This situation is by no means a disadvantage. The paper argues that the real contribution of the FCNM to the development of the minority rights protection lies in its multi-layered approach. The AC’s continuous interpretation of various FCNM principles serves as a source for the development of minority rights legislation and policies. At the same time, the sophisticated evaluation system encourages a dialogue on the challenges related to the minority rights within each State and it contributes toward better understanding among the States with regards to specific issues related to minorities. This process enables a continuous international cooperation whose essential objective is promoting the concept of minority rights protection as a stability factor. Importantly, apart from the political support provided by the involvement of the Committee of Ministers in the procedure, in practice, the implementation of the FCNM is, in many cases underpinned by the diplomatic pressure exercised by other international organizations. Keywords: Minority rights, Framework Convention on the Protection of National Minorities, Advisory Committee

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