The siren’s call? Exploring the implications of an additional protocol to the European Convention on Human Rights on national minorities

Berry, Stephanie (2016) The siren’s call? Exploring the implications of an additional protocol to the European Convention on Human Rights on national minorities. International Journal on Minority and Group Rights, 23. ISSN 1385-4879 (Accepted)

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Abstract

Calls for the adoption of an Additional Protocol to the European Convention on Human Rights (ECHR) on National Minorities have persisted within the Council of Europe despite the adoption of the Framework Convention for the Protection of National Minorities (FCNM). This article explores the potential implications of the adoption of an Additional Protocol on National Minorities to the ECHR for the FCNM. The European Court of Human Rights (ECtHR) already has several tools that would allow it to extend protection to persons belonging to national minorities. However, as the ECtHR tends to allow States a wide margin of appreciation in cases concerning persons belonging to minorities, it is argued that the adoption of an Additional Protocol on National Minorities may not be desirable, as it has the potential to undermine the progress made by the Framework Convention Advisory Committee.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law
Depositing User: Stephanie Berry
Date Deposited: 29 Jan 2015 15:51
Last Modified: 18 Oct 2017 14:12
URI: http://sro.sussex.ac.uk/id/eprint/52577

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