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Section II, Article 15

Marc Weller

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: 20 April 2024

Indigenous peoples — Legal representation, right to — Minorities — Human rights remedies — Right to self-representation — Boundaries

This chapter comments on Article 15 of the Framework Convention for the Protection of National Minorities (FCNM). Article 15 has served as a focal point for the crystallization of legal obligations concerning effective participation of minorities. The rather general terms of the Article are beginning to be filled out with concrete legal meaning. This is certainly the case in relation to the overall structure of the state, the need for adequate parliamentary representation, consultative processes, and executive representation. In other, sensitive areas, debates will continue on claims for territorial autonomy and issues of party registration. Article 15 has also served to highlight the obligation of states to go beyond the combating of discrimination when considering cultural, social, and economic opportunities of persons belonging to minorities. Overall, implementation practice on this article has been considerable.

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