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Section I, Article 2

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

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

This chapter comments on Article 2 of the Framework Convention for the Protection of National Minorities (FCNM). Article 2 states that, ‘the provisions of this framework Convention shall be applied in good faith, in a spirit of understanding and tolerance and in conformity with the principles of good neighbourliness, friendly relations, and co-operation between States’. The provision is of enormous importance in elucidating the aim and effect of an otherwise sober and prudent text, and acts as a potential source for dynamic, evolutive interpretations of the Convention. With regard to law-making in a stricter sense, Article 2 can be interpreted as an invitation to the single parties to conclude specific, further reaching agreements on particular minority issues.

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