The Council of Europe and Minority Rights

Gilbert, Geoff

doi:10.1353/hrq.1996.0006

Cited by 54 publications

(13 citation statements)

References 6 publications

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“…It also asserts at a more general level that contributing states should "promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage" (Article 2.1). That said, the specific provisions for language and education remain sufficiently qualified for most states to avoid them if they so choose (Gilbert 1996;Thornberry 1997;Troebst 1998;Grin 2003;Trenz 2007).…”

Section: Language Rights and International Lawmentioning

confidence: 99%

Language Rights: The “Cinderella” Human Right

May

2011

Journal of Human Rights

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In the last 60 years, we have seen the growing development and articulation of human rights, particularly within international law and within and across supranational organizations. However, in that period, the right to maintain one's language(s), without discrimination, remains peculiarly underrepresented and/or problematized as a key human right. This is primarily because the recognition of language rights presupposes recognizing the importance of wider group memberships and social contexts; conceptions that ostensibly militate against the primacy of individual rights in the post-Second World War era. Drawing on theoretical debates in political theory and international law, as well as the substantive empirical example of Catalonia, this article argues that language rights can and should be recognized as an important human right.

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Section: Language Rights and International Lawmentioning

confidence: 99%

Language Rights: The “Cinderella” Human Right

May

2011

Journal of Human Rights

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“…10 This appears a rather harsh assessment, particularly given that the main concern for legal scholars has been the weak wording of many of the substantive provisions (e.g., Alfredsson 2000;Benoît-Rhomer 1996: 38-61;Gilbert 1996). It could therefore be argued that the Framework Convention for the Protection of National Minorities, like the 1992 United Nations Framework Convention on Climate Change, is an example of a soft law treaty whose provisions are so vague and indeterminate that they cannot be characterized as hard law in any meaningful sense (A.…”

Section: The Framework Convention As a Soft Law Instrumentmentioning

confidence: 99%

From soft to hard law?

Craig

2010

Focaal

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This article explores the use of soft law by those involved in the drafting of a Bill of Rights for Northern Ireland, drawing in particular on the author's experiences as legal adviser to the Culture, Identity, and Language Working Group of the Northern Ireland Bill of Rights Forum. The article reflects on the extent to which the Council of Europe's Framework Convention for the Protection of National Minorities 1995 and other relevant international instruments can be considered as forms of international soft law. It then highlights controversies that have arisen in debates over the content and scope of provisions addressing culture, identity, and language issues in any future Bill of Rights for Northern Ireland.

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“…14 In other words, while the state must promote the use of the minority languages, it does not explicitly guarantee the right of any individual or group to use the language in any specific situation. By avoiding any hint of collective rights or tying the rights to specific persons, the Charter limits the ability of any minority to make claims against the state (Council of Europe, 1996;Gilbert, 1996). The 1995 Framework Convention for the Protection of National Minorities, while using different wording, achieves the same result.…”

Section: Powers and Limits Of The State On Identitymentioning

confidence: 99%

Constitutionalism and Identity in Eastern Europe: Uncovering Philosophical Fragments

Deets

2005

Natl. pap.

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Despite the euphoria surrounding the 1989 revolutions, over the past 15 years voices have warned that resurgent nationalism may bring “democracy in dark times” (Isaacs, 1998; Tismaneanu, 1998; Ramet, 1997). Reflecting this fear, a stream of articles has asserted that nationalism in the East is different from the more civic nationalism of the West (Vujacic, 1996; Bunce, 2001; Schöpflin, 2003). If true, these sentiments should be reflected in the constitutions, documents that define the polity and the foundational values of the state in addition to creating the basic institutional order. Debates over religious references in the European Union constitution and the focus on constitutional change by Albanian forces in Macedonia in 2000 serve as reminders of the centrality of constitutions in contention over identity. However, as all constitutions in East Central Europe and the Balkans set out a democratic structure informed by a tangle of national and liberal ideas, they cannot be neatly divided between those which are nationalist and those which are civic, between those which respect minority rights and those which do not. In fact, what is striking about the constitutions is how they combine ideas of liberal individualism, strong democracy, and pluralism.

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The Council of Europe and Minority Rights

Cited by 54 publications

References 6 publications

Language Rights: The “Cinderella” Human Right

Language Rights: The “Cinderella” Human Right

From soft to hard law?

Constitutionalism and Identity in Eastern Europe: Uncovering Philosophical Fragments

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