Assesses the nature of minority rights protection in post-communist Europe and evaluates the impact of domestic institutions on the operation of the European Minority Rights Regime

The protection of national minorities is a core issue for the Council of Europe, and one of the major achievements in this field is the Framework Convention for the Protection of National Minorities. The entry into force of the Framework Convention on 1 February 1998 was indeed an event of universal stature, for it is the first ever legally binding multilateral instrument devoted to the protection of national minorities in general. Its importance is widely acknowledged, and the number of ratifications has grown rapidly. Simultaneously, an emphasis is being placed on the implementation and on the efficient functioning of the monitoring mechanism of the Framework Convention. This collection provides all those interested in the protection of national minorities a user-friendly compilation of the basic texts concerning the Framework Convention. In addition to the Framework Convention and its explanatory memorandum, the collection contains texts pertaining to the monitoring mechanism in general and the Advisory Committee in particular. It further provides the state of signatures and ratifications as well as declarations and reservations. It also contains a list of State Reports received and Opinions of the Advisory Committee adopted under both the first and second cycles of monitoring.

This book examines whether we are moving towards an integrated regional system of legal provision for minorities. It illustrates the tension between newer member states, many of which have an interest in seeing minority issues addressed, and established members, which remain hesitant in committing themselves fully to a minority rights regime.

This book, the first in the series of publications on minority issues, provides a critical overview of the protection of minority groups in international law. Topics covered include: the definition of a minority, concepts of state sovereignty and self-determination; the historical context to international human rights law; the legal frameworks developed by the UN, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE) and the EU; as well as examples of legal approaches adopted by individual European countries to address the protection of minorities.

Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.

"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.

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 theProtection 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 ofnative 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 AdvisoryCommittee, 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.

This report provides an overview of the present situation of minority and indigenous peoples’ rights in Russia. It examines the difficulties in the implementation of international mechanisms for minority and indigenous protection, with a focus on the Council of Europe’s Framework Convention on the Protection of National Minorities, although other international standards (emanating from the OSCE and United Nations) are also taken into account. In particular, the report considers the complexities in the participation of civil society in international monitoring mechanisms. Following an introduction and an overview of domestic and international legislation, the report provides: a) an overview of the main problems confronting minorities and indigenous peoples in Russia; and b) an outline of the factors affecting the implementation of international mechanisms on minority and indigenous protection. It ends with a series of recommendations to improve the participation, recognition and treatment of minorities and indigenous peoples in the country.

For ethnic minorities in Europe separated by state borders—such as Basques in France and Spain or Hungarians who reside in Slovakia and Romania—the European Union has offered the hope of reconnection or at least of rendering the divisions less obstructive. Conationals on different sides of European borders may look forward to increased political engagement, including new norms to support the sharing of sovereignty, enhanced international cooperation, more porous borders, and invigorated protections for minority rights. Under the pan-European umbrella, it has been claimed that those belonging to divided nations would no longer have to depend solely on the goodwill of the governments of their states to have their collective rights respected. Yet for many divided nations, the promise of the European Union and other pan-European institutions remains unfulfilled. Divided Nations and European Integration examines the impact of the expansion of European institutions and the ways the EU acts as a confederal association of member states, rather than a fully multinational federation of peoples. A wide range of detailed case studies consider national communities long within the borders of the European Union, such as the Irish and Basques; communities that have more recently joined, such as the Croats and Hungarians; and communities that are not yet members but are on its borders or in its "near abroad," such as the Albanians, Serbs, and Kurds. This authoritative volume provides cautionary but valuable insights to students of European institutions, nations and nationalism, regional integration, conflict resolution, and minority rights. Contributors: Tozun Bahcheli, Zoe Bray, Alexandra Channer, Zsuzsa Csergő, Marsaili Fraser, James M. Goldgeier, Michael Keating, Tristan James Mabry, John McGarry, Margaret Moore, Sid Noel, Brendan O'Leary, David Romano, Etain Tannam, Stefan Wolff.

The demise of former communist regimes has not guaranteed protection of human rights. As official atheism is replaced by varying church-state arrangements, how much will the rule of law prevail against resurgent nationalism and intolerance toward minorities? These essays consider this crucial question.