Mechanisms For The Implementation Of Minority Rights

This book, the second in the series of publications on minority issues, examines the political and legal mechanisms available at European and international levels for the implementation of minority rights standards. Chapters cover the following topics: the concept of international minority rights; UN treaty monitoring bodies, particularly the Human Rights Committee; the UN Working Group on Minorities; the International Court of Justice; the European Court of Human Rights; the Framework Convention for the Protection of National Minorities; the European Charter for Regional or Minority Languages; the CSCE/OSCE mechanism for protection of minority rights; EU standards and mechanisms for the protection of minorities and the prevention of discrimination; bilateral agreements and their implementation.

Different cultures, languages, and religions enrich society. If this assumption was embraced by everyone, there would not be a problem. Unfortunately, past and contemporary practice shows a picture of oppression, forced assimilation, and even destruction of minority groups with characteristics different from the majority. Although legal and quasi-legal instruments were adopted after both the First and the Second World Wars, it was not until after the fall of the Berlin Wall that the protection of (persons belonging to) national minorities became a really dominant issue in the international legal and political arenas. From the beginning of the 1990s, States and their international organisations have developed new minority rights instruments and procedures that try to encourage States to live up to their obligations. This book focuses on three mechanisms in the field: the OSCE High Commissioner on National Minorities (est. 1992), the UN Working Group on Minorities (est. 1995), and the CoE Advisory Committee on Minorities (est. 1997). The core question raised is whether the three mechanisms, with the variety of approaches and working methods at their disposal, really make a difference in the protection of national minorities. Are the interests of the minorities taken more seriously and have they been better protected due to the interventions by one or more of the mechanisms? Based on a thorough and critical analysis of the three organisations and their achievements, the author comes to a series of conclusions as to a better protection of national minorities. Since all three organisations are currently discussing ways to improve the monitoring of minority rights obligations, this book will be of great value to all persons and institutions that play a focal role in this study, be it as a scholar or as a practitioner. Rianne Letschert studied international law at Tilburg University. She is currently working as a researcher and General Manager at the International Victimology Institute Tilburg (Intervict) of Tilburg University, The Netherlands.

"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.

This new report looks at five themes: minority identity, the ability of minorities to participate in political and economic life, land/property rights and justice issues. Using case studies and providing practical advice, the authors show why ignoring early warning signs in any of these areas could lead to a build up of tensions and ultimately, violent conflict.

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.

The book offers an updated expert assessment of the implementation of the Framework Convention for the Protection of National Minorities through an article-by-article analysis and assessment of the scope of application during the first four cycles of monitoring