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Section II, Article 17

Jennifer Jackson-Preece

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 — Religion — Minorities — Human rights remedies — NGOs (Non-Governmental Organizations)

This chapter comments on Article 17 of the Framework Convention for the Protection of National Minorities (FCNM). Article 17 consists of two sections. Article 17(1) addresses the circumstances of those ethnic, cultural, religious, or linguistic groups who exist in the territory of more than one state. In so doing, it builds upon prior efforts within the Organization for Security and Co-operation in Europe (OSCE) and the United Nations to protect dispersed and kin minorities. The ability to maintain regular contact with their co-ethnics across state jurisdictions is an essential element of efforts designed to preserve and promote the distinct identity of such transfrontier minorities and the persons belonging to them. Article 17(2) aims to protect the communal life of persons belonging to national minorities by guaranteeing their right to participate in the activities of non-governmental organizations (NGOs). These organizations are vital both for the preservation and promotion of minority identities, and the general development of civil society and democratic values within states.

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