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Section II, Article 14

Fernand de Varennes, Patrick Thornberry

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

Subject(s):
Indigenous peoples — Minorities — Right to education — Right to language — Human rights remedies

This chapter comments on Article 14 of the Framework Convention for the Protection of National Minorities (FCNM). Article 14 partially deals with the vexed issue of minority languages in education. Article 14(1) addresses the broadest aspects of language learning, without specific reference to educational systems. Article 14(2) contains the third reference in the Convention to minority ‘areas’, wherein certain, more specific rights are to be enjoyed by members of minorities subject to the fulfilment of certain triggering conditions. The Advisory Committee has specifically dealt with Article 14(1) on only a few rare occasions, and for this reason there are perhaps not as clear guidelines and understanding provided as to its content and impact as with other provisions. Article 14(2) echoes the hesitations of equivalent paragraphs elsewhere in the Convention, and, as elsewhere, the Convention organs try to make sense of them.

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