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Section III, Article 23

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: 21 May 2024

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

This chapter comments on Article 23 of the Framework Convention for the Protection of National Minorities (FCNM). Article 23 permits a seamless insertion of the FCNM into a normative environment characterized by the presence of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). Though of different nature and aims, these two documents have significant common ground. This is most evident in Articles 7, 8, and 10(3) of the Framework Convention which refer, either directly or through the language used, to corresponding provisions of the ECHR. Thus, Article 23, together with the relevant provision in the Preamble of the Framework Convention, is a reminder of the fact that minority rights are human rights. At the same time, these provisions indicate that wherever minority rights conflict with general human rights principles, a balancing of the different interests has to be achieved that takes into account the Framework Convention as an important human rights instrument.

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