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Section III, Article 20

Peter Hilpold

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 — Minorities — Human rights remedies

This chapter comments on Article 20 of the Framework Convention for the Protection of National Minorities (FCNM). Article 20 aims to introduce a balance between rights and obligations: members of minorities are not only bearers of rights, but also holders of duties. This is a very sensitive area and, therefore, during the drafting process a great deal of attention was given to the actual wording of this provision. With regard to the FCNM, a compromise has been found with which minorities will be able to live: the loyalty requested from them towards the state as a whole, and towards other groups and people living in the state, is neither greater nor lesser than for any other member of the same state community. From a political standpoint, this does not prohibit states from reminding minorities of their obligations towards others, even if minorities are the only groups to be addressed by this exhortation.

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