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The Framework Convention for the Protection of National Minorities: An Introduction

Rainer Hofmann

From: The Rights of Minorities: A Commentary on the European Framework Convention for the Protection of National Minorities

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 26 May 2024

Minorities — Human rights remedies — Refugees

This introductory chapter provides an overview of the major procedural and some of the general substantive issues raised by, and connected with, the Framework Convention for the Protection of National Minorities (FCNM) at the advent of its second monitoring cycle. Prior to engaging in this analysis, however, it briefly presents the drafting history of the FCNM and its main features. It then discusses the specific character of the FCNM as a ‘Framework’ convention and its consequences, followed by an overview of the monitoring system established during the first cycle of monitoring. It next addresses some general issues relevant during the first cycle of monitoring and that will continue to be of relevance during the second cycle of monitoring. These subjects include: questions relating to the personal and territorial scope of application of the FCNM; the excessive confidentiality of the monitoring process, which results in a lack of transparency; and other thematic issues such as the situation of Roma.

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