Tuesday, April 2, 2013

Protection of National Minorities Within the Framework of the Council of Europe

Introduction

The test of courage comes when we are in the nonage. The test of adjustment comes when we are in the majority.
Ralph W. Sockman

Minority issues are among the most debatable put forwards of supranational relations. The articulation of the norms on the protection and rights of minorities through the age has been fought with deep controversies. These controversies relate to the nature as well as contents of minority rights.

However the minority issue is as well the most actively discussed and widely recognized subject and a vivid question nearly in each multinational country.

This paper is devoted to the protection of national minorities inside the framework of the Council of Europe. It will discuss; what is minority and which are the instruments of minority protection in the framework of the Council of Europe.
What is a minority?
Terminology

condescension m whatsoever references to minorities in international legal instruments, in that respect is no everydayly agreed, legally binding definition of the term minority.

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This is primarily because of a feeling that the concept of minority is inherently vague and imprecise and that no proposed definition would ever be able to provide for the innumerable minority groups that could possibly exist. Moreover, there are many states that prefer the definition to be excessively restrictive so that large trenches of their population do not fall within the definition. The diverse contexts of different groups claiming minority consideration also makes it difficult to formulate a solution of universal application. Consequently, international law has found it difficult to provide any firm guidelines in relation to defining the concept. Both states and the potential difference minorities themselves obstruct the process of defining the scope of the term.
Nevertheless, the efforts made so far at various forums and by various international lawyers offer good insights as to the factors to be taken into...If you lack to get a full essay, order it on our website: Orderessay



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