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Section II, Article 19

Lauri Hannikainen

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: 21 May 2024

Subject(s):
Indigenous peoples — Minorities — Human rights remedies

This chapter comments on Article 19 of the Framework Convention for the Protection of National Minorities (FCNM). Article 19 deals with the question of making limitations to, or derogations from, the FCNM. It links the Convention to other human rights instruments, bringing its interpretations in line with them. The purpose of this article is clear: only limitations, restrictions, and derogations of the provisions of the Convention having a legitimate source in other human rights instruments are permitted. The European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) has been given primacy, in this regard. Article 19 may be referred to occasionally in the comments of the monitoring organs of the Framework Convention. If a crisis were to emerge in a territory populated by a national minority; if the state in question resorted to limitations and/or derogations jeopardizing international standards; and if they were directed to members of this territorial minority in particular, it seems natural that the monitoring organs of the Framework Convention would intervene on their behalf, necessitating the use of Article 19.

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