Who are the minorities? The role of the right to self-identity within the European minority rights framework

Craig, Elizabeth (2016) Who are the minorities? The role of the right to self-identity within the European minority rights framework. Journal on Ethnopolitics and Minority Issues, 15 (2). pp. 6-30. ISSN 1617-5247

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Abstract

This article examines the implications of both individual and collective dimensions of the right to self-identify and reappraises the key challenges to its realisation. The article argues that the status of the right to self-identify as a fundamental right remains unclear over a quarter of a century after its inclusion in the CSCE/OSCE Copenhagen Document in 1990. The article starts by revisiting some of the ‘justice-oriented’ arguments made in the early 1990s about the need for group-differentiated rights in order to highlight the importance of the right to self-identify as an integral part of the European minority rights framework. It then proceeds to argue that the case for giving greater prominence to this right is strengthened if the challenge of cosmopolitanism is also considered. The second part of the article is focused more specifically on the challenges to the realisation of the right, particularly the collective dimension. It argues that this can be attributed to the continued deference to States in relation to the scope of application of the Framework Convention for the Protection of National Minorities and that there needs to be a greater focus on the internalisation of the right at the domestic level.

Item Type: Article
Keywords: Minority rights, National minorities, Right to self-identify, Framework Convention for the Protection of National Minorities
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > KJ Europe
Related URLs:
Depositing User: Elizabeth Craig
Date Deposited: 03 Jun 2016 11:49
Last Modified: 11 Sep 2017 05:23
URI: http://sro.sussex.ac.uk/id/eprint/61284

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