Framework Convention for the Protection of National Minorities
Framework Convention for the Protection of National Minorities | |
---|---|
Date: | February 1, 1995 |
Come into effect: | February 1, 1998 |
Reference: |
English , official translation from Germany , LR no. 0.108.1 in: LILEX |
Contract type: | Multinational |
Legal matter: | Minority rights |
Signing: | 43 |
Ratification : |
39
|
Germany: | Ratified September 10, 1997 |
Liechtenstein: | Ratified November 18, 1997 |
Austria: | Ratified March 31, 1998 |
Switzerland: | Ratified October 21, 1998 |
Please note the note on the applicable contract version . |
The Framework Convention for the Protection of National Minorities lays down principles in the field of public life for members of national minorities and the relevant individual and collective rights.
It “is the first legally binding multilateral instrument in Europe dedicated to the protection of national minorities in general. Its aim is to protect the existence of national minorities in the respective territories of the contracting states ”.
The framework agreement with SEV no. 157 was drawn up within the framework of the Council of Europe , signed in Strasbourg on February 1, 1995 and came into general effect on February 1, 1998 with 12 ratifications.
France (as of 01/2019) was the only affected country not to sign this convention. France's refusal is justified, among other things, by the fact that it could endanger the unity of the French state and the French language could lose its importance. Andorra and Monaco have not signed the framework agreement either, as these, as miniature states, are unlikely to be affected by it.
Section I (Articles 1 to 3) gives anyone belonging to a national minority the right to choose whether or not to be treated as a member of the minority (Article 3). The explanatory report on the agreement specifies that no individual right to freely choose whether or not to belong to a national minority can be derived from this.
Section II (Articles 4 to 19) lays down the right of all members of a national minority to peacefully assemble and associate freely (Article 7), to freedom of expression and freedom of thought, conscience and religion, and to access to the media .
Furthermore, freedom rights with regard to the use of the language, education and cross-border cooperation, etc. are laid down.
The Committee of Ministers of the Council of Europe monitors the implementation of the Framework Convention by the contracting parties (Article 24).
See also
Web links
- Framework Convention for the Protection of National Minorities, CETS No .: 157 , Council of Europe
References and comments
- ↑ Framework Convention for the Protection of National Minorities , summary
- ↑ “Paragraph I […] does not imply a right for an individual to choose arbitrarily to belong to any national minority. The individual's subjective choice is inseparably linked to objective criteria relevant to the person's identity. ”, Article 3, Framework Convention for the Protection of National Minorities. Explanatory report .