This book, the second in the series of publications on minority issues, examines the political and legal mechanisms available at European and international levels for the implementation of minority rights standards. Chapters cover the following topics: the concept of international minority rights; UN treaty monitoring bodies, particularly the Human Rights Committee; the UN Working Group on Minorities; the International Court of Justice; the European Court of Human Rights; the Framework Convention for the Protection of National Minorities; the European Charter for Regional or Minority Languages; the CSCE/OSCE mechanism for protection of minority rights; EU standards and mechanisms for the protection of minorities and the prevention of discrimination; bilateral agreements and their implementation.

The Framework Convention for the Protection of National Minorities: A Commentary, edited by Rainer Hofmann, Tove H. Malloy and Detlev Rein, presents an updated article-by-article assessment of the monitoring of the Convention’s implementation. The Convention was opened for signature in 1995 and entered into force on 1 February 1998. Within a very short period of time, it was ratified by 39 Council of Europe member states, and it constitutes the first (and only) international treaty establishing legally binding obligations concerning the rights of persons belonging to national minorities. In this volume, the monitoring of the Convention is assessed by eminent experts in the field of minority protection. They survey the scope of application as interpreted by the Advisory Committee during the first four cycles of monitoring by analyzing its approach and offering their individual assessments of potential improvements. The volume thus updates and augments previous assessments.

This collection of essays examines the legal regime in the post-Cold War era which has developed in response to the demands of ethnic, racial & religious groups in Europe. In essence this volume seeks to examine the 'old' problem of national minorities in the 'new' Europe. The essays examine the response of the main institutions within Europe (i.e. the Council of Europe, OSCE & European Union), the increasing recourse of states to bilateral arrangements, the developing content of minority rights, the challenges posed by state-building & the resolution of conflicts involving national minorities. Particular issues considered include the minorities situation in the Former Yugoslavia, the situation in Ukraine (in particular in Crimea), the position of the minority Catholic population in Northern Ireland, as well as developments in the context of autonomous regimes & power-sharing arrangements. At the end of the book, a collection of documents, which supplement these chapters & are relevant to minority rights in the 'New' Europe, can be found. Whilst the book's editors are both legal academics from the United Kingdom, the contributors' backgrounds are diverse & varied, originating from a number of different countries, with expertise in a wide variety of areas.

Evaluates the nature of the international governance of minority rights in the context of the enlargement of the European Union. This book examines the origin and development of the European Minority Rights Regime paying particular attention to the institutions, policies and actions of European organisations.

This book, the first in the series of publications on minority issues, provides a critical overview of the protection of minority groups in international law. Topics covered include: the definition of a minority, concepts of state sovereignty and self-determination; the historical context to international human rights law; the legal frameworks developed by the UN, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE) and the EU; as well as examples of legal approaches adopted by individual European countries to address the protection of minorities.

The interest in minority protection emerged during the period of democratic transition, particularly of ethnically segmented postcommunist societies after the end of the Cold War. Minority issues became prominent as postcommunist states lined up as potential candidates for EU membership and the respect for and protection of minority rights was an essential part of criteria these states had to fulfil before EU accession. Minority rights protection has constituted an important ‘gatekeeping’ criterion for EU membership. Its monitoring remains a powerful instrument to mediate tensions and to adjudicate discriminations in the present-day Europe. In many countries, minority rights standards have been transposed in domestic legislation, but whether these norms constitute a legitimate background which states accept, sustain and promote is the focus of this book. This volume takes on the task of analysing the diffusion of minority rights norms across the European continent. It looks specifically at the oft-neglected process of compliance meaning not only the formal adoption of European laws but also their implementation within the domestic context. The contributions analyse the political rhetoric, legal transposition and behavioural compliance in a range of European states, East and West, to assess compliance to norms of minority protection. This book was published as a special issue of Perspectives on European Politics and Society.

This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities’ rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.

Since the end of the Cold War, mounting tensions related to national minorities have increased international efforts to contain and to solve these inter-ethnic disputes. While much has been written about the efforts of international organizations, such as the United Nations, the Council of Europe and the OSCE, in this respect, much less attention has been paid to the advances in minority issues made on a bilateral level. Many former socialist states have concluded bilateral treaties to improve their relations, and these treaties often include clauses relating to mutual national minorities. Against this background, and at the request of the High Commissioner on National Minorities, the Foundation on Interethnic Relations in The Hague convened two meetings of legal experts to discuss the relevance of bilateral treaties for the settlement of inter-ethnic disputes. These meetings form the basis of the current publication, which includes an analysis and a collection of case studies. The case studies center around Poland, Hungary and Russia and offer a comprehensive survey of the network of bilateral treaties and the role of minority rights within these instruments. The book also contains the English translation of the main parts of the relevant bilateral agreements that are ordinarily difficult to access for scientific research. This book will therefore serve as an important instrument for anyone involved in the study of inter-ethnic conflict and minority rights.

This report provides an overview of the present situation of minority and indigenous peoples’ rights in Russia. It examines the difficulties in the implementation of international mechanisms for minority and indigenous protection, with a focus on the Council of Europe’s Framework Convention on the Protection of National Minorities, although other international standards (emanating from the OSCE and United Nations) are also taken into account. In particular, the report considers the complexities in the participation of civil society in international monitoring mechanisms. Following an introduction and an overview of domestic and international legislation, the report provides: a) an overview of the main problems confronting minorities and indigenous peoples in Russia; and b) an outline of the factors affecting the implementation of international mechanisms on minority and indigenous protection. It ends with a series of recommendations to improve the participation, recognition and treatment of minorities and indigenous peoples in the country.

China's vast population contains a large number of disadvantaged or minority groups. Published in association with Social Science Academic Press (China), this unique book outlines what legal protection each minority group receives under Chinese law, together with a helpful comparative study on Chinese national and regional laws. Ground-breaking and detailed, it offers a comprehensive analysis of the various disparate aspects of minority rights protection in China, such as current anti-discrimination policy, the implementation of international standards for minority protection, and domestic legal protection for non-Chinese and ethnic minority groups. Written by leading Chinese scholars Li Lin and Li Xixia from The Institute of Law of the Chinese Academy of Social Sciences (CASS), & Lidija R. Basta Fleiner from The Institute of Federalism of the University of Fribourg, Switzerland.