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Conclusion: the Contribution of the European Framework Convention for the Protection of National Minorities to the Development of Minority Rights

Marc Weller

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

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

This concluding chapter examines the general position of the Framework Convention for the Protection of National Minorities (FCNM) within the area of minority rights. First, the substance of the Convention is located within the field. Then, its reach is considered. Finally, a few words are said about the legal character of the Convention and about the implementation process. It is argued that true strength of the Convention lies in adding substance to the principle of promotion as it relates to minority identity. It transforms the soft law of the UN Declaration into hard law in relation to the Council of Europe area, while at the same time adding substantively to the obligations contained in the Declaration. Moreover, the advancing practice of the Advisory Committee very significantly clarifies and expands the substantive obligations established in relation to identity.

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