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 (1). pp. 1-38. ISSN 1385-4879

This is the latest version of this item.

[img] PDF - Accepted Version
Restricted to SRO admin only until January 2018.

Download (677kB)
[img] PDF - Updated Version
Restricted to SRO admin only until January 2018.

Download (687kB)

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: 08 Feb 2016 14:28
Last Modified: 12 Sep 2017 16:11
URI: http://sro.sussex.ac.uk/id/eprint/59579

Available Versions of this Item

View download statistics for this item

📧 Request an update