CEU eTD Collection (2018); Dragan, Andrei: Recognition of minorities - The scope of application of the Framework Convention for the Protection of National Minorities

CEU Electronic Theses and Dissertations, 2018
Author Dragan, Andrei
Title Recognition of minorities - The scope of application of the Framework Convention for the Protection of National Minorities
Summary The aim of the present thesis is to analyze more or less general arguments for the recognition of minorities, whether they are traditional minorities that have been living in a specific territory or country for a long period of time or so-called “new minorities”, which, for the purpose of this thesis, will be understood as referring to the groups of people that have arrived recently, as migrants (including refugees), in a country and constitute communities linked by ethnicity, nationality, religion, language, culture or other common values.
This thesis promotes the idea that in order to protect diversity or factual multiculturalism (to not be confused with state multicultural policies), states should consider legally recognizing ethnic or national minorities that are not yet recognized as such. This, I consider, will strengthen the link between the state, the majority society and its minorities, since the latter will possibly integrate faster if their presence in the state is further legitimized by the act of recognition. The thesis will also focus on the right to self-identification and its importance in the process of recognition and on different state conceptions of citizenship and the link between citizenship and minority status.
From a legal point of view, the Framework Convention for the Protection of National Minorities will serve as the main focal point of the thesis, along with its Advisory Committee’s work regarding the personal and material scope of application of the Framework Convention. However, since the Framework Convention relies on state legislation to be applied, an analysis of some of the states parties’ legislation is necessary.
Supervisor Pogany, Istvan
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2018/dragan_andrei.pdf

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