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Section III, Article 22

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: 19 April 2024

Indigenous peoples — Minorities — Human rights remedies

This chapter comments on Article 22 of the Framework Convention for the Protection of National Minorities (FCNM). Article 22 aims to ensure that persons belonging to national minorities benefit from whichever of the relevant national or international human rights legislation is most favourable to them. Indeed, Article 22 is virtually a copy of the corresponding article in the European Convention on the Protection of Human Rights and Fundamental Freedoms (ECHR) — at the time of the preparation of the Framework Convention it was Article 60 in the ECHR, since its revision, it is now at Article 53 ECHR. States parties certainly understand the meaning of Article 22 and can be expected to avoid infringing it with their national laws. Presumably governments of the states parties are able to keep things under control — to see to it that public authorities do not misinterpret Article 22. If such interpretations were to emerge, governments would need to revoke them.

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