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Section II, Article 8

Zdenka Machnyikova

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: 17 April 2024

Indigenous peoples — Religion — Minorities — Human rights remedies — Asylum

This chapter comments on Article 8 of the Framework Convention for the Protection of National Minorities (FCNM). The true value of Article 8 lies in its promotion of full and effective equality for persons belonging to national minorities in the enjoyment of their religious freedoms. The scope of the measures secured by states parties under this article ranges from horizontal protection directed at peaceful enjoyment of the manifestation of religion or belief, to the facilitation of the right to establish religious institutions and associations in state legislative and administrative practice, to more positive measures that assist religious communities in preserving their religious traditions. Although the states parties provide wide-ranging positive measures, state support is typically mentioned in the context of the general assistance that these states provide to all religious denominations.

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