FRAMEWORK CONVENTION FOR

THE
PROTECTION OF NATIONAL
MINORITIES
V Y T I A G A N E T S , O L E K S A N D RA , L L M S T U D E N T
U N I V E R S I T Y O F L I V E R P O O L , 0 1 M A RC H 2 0 1 6

CoE: The People and their

culture

Preamble
refers to the statute of the CoE: the maintenance and further
realisation of human rights and fundamental freedoms
refers to other sources of inspiration (Vienna Declaration of
Heads of State and Government of the member States of the
Council of Europe , ECHR, instruments of the UNand the
CSCE)
reflects the concern about the risk to the existence of
national minorities and calls non-members states also to
ensure a more comprehensive approach

Whos national minorities?

FCNM does not contain a definition of national minority due
to the absence of common approach
Eg, the UK Kingdom ratified the convention on the
understanding that it would be applied with reference to
"racial groups" within the meaning of Section 3(1) of the
Race Relations Act 1976 (Cornish people)
Old NM: Art 11(3) area, traditionally inhabited
New NM: Art 6 all persons, living on the territory (Art 3,6,7,8)
indigenous people ?

Section I : fundamental
principles
protection of national minorities, which forms an integral part of the
protection of human rights, does not fall within the reserved domain
of States (Art 1)
principles of application: 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 (Art
2)
every person belonging to a NM has the freedom to choose to be
treated or not to be treated as such (Art 3)
rights and freedoms flowing from the principles of the FCNM may be
exercised individually or in community with others (Art 3)

Section II : specific
principles
effective equality between persons belonging to a NM and the majority
may require the Parties to adopt special measures in conformity with
the proportionality principle, in order to avoid violation of the rights of
others as well as discrimination against others (Art 4)
protect NM from assimilation against their will (Art 5)
no discrimination in access to the media (licensing of sound radio and
television broadcasting, and of cinema enterprises, should be nondiscriminatory and be based on objective criteria, access to printed media)
(Art 9)
use minority language freely and without interference; Parties shall
endeavour to ensure the use of a minority language in relations with the
administrative authorities as far as possible (Art 10)
use the alphabet of their official language to write the name(s) of a
person belonging to a national minority in its phonetic form (Art 11)

Section II : specific
principles
display in his or her minority language signs, inscriptions and other information of a
private nature visible to the public; possibility of having local names, street names and other
topographical indications intended for the public also in the minority language (Art 11)
knowledge of the culture, history, language and religion of both NM and the majority
population in an intercultural perspective, equal opportunities for access to education at all
levels, access to textbooks (Art 12)
right to set up and manage their own private educational and training establishments
(Art 13)
learn his or her minority language (Art 14)
prohibits measures which change the proportion of the population in areas inhabited by
persons belonging to NM to restrict the rights and freedoms under FCNM (Art 16)
free and peaceful contacts across frontiers, right to participate in NGOs (Art 17)

Section III: interpretation

and application
NM are required to respect the national constitution and
other national legislation (Art 20)
NM benefit from whichever of the relevant national or
international HR legislation is most favourable to them (Art
22)
relationship between FCNM and ECHR: under no
circumstances can the FCNM modify the rights and
freedoms safeguarded in ECHR and right and freedoms of the
former must be interpreted in accordance with the latter (Art 23)

Section IV: monitoring of the

implementation (Art 24-26)
the Committee of Ministers is entrusted with the task
of monitoring the implementation by the Contracting
Parties
The Committee of Ministers shall determine the
modalities for the participation in the implementation
mechanism by the Parties which are not members of
the Council of Europe

Section V: final clauses

No article on reservations was included; reservations
are allowed in as far as they are permitted by
international law
The framework Convention is open for signature by
the Council of Europes member States and, at the
invitation of the Committee of Ministers, by other
States (which participate in the Conference on Security
and Co-operation in Europe).

FCNM: criticism and value

No definition of NM (margin of appreciation for CP to assess which
groups are to be covered by the Convention within their territory)
Not precise and compulsory formulation of its provisions, hedged
around with many phrases, inc 'as far as possible'
Little new
Not all MS ratified the Convention yet
However, FC contains minimum obligations & provides procedure of
intl supervision. CP have to take into account object and purpose of
FC, subsequent practice, intl stands and case law concerning
interpretation