چکیده:
According to the preamble of the Framework Convention for the
Protection of National Minorities (which entered into force on February 1,
1998) minority rights are an integral part of fundamental human rights.
universal level that taken on great importance in addressing the challenges
of minority protection in evolving and increasingly diverse societies. So,
this survey has an analytical approach to the protection of minorities
within the Council of Europe and for this, especially, focuses on the
Framework Convention: namely its content, its rights-holders, and alsothe
most important point of view- the problems, challenges and tasks that
this legally instrument faces with it in practice. One must take into account
that the Framework Convention has passed 13 years of its born and the
authors aim to analyze its achievements and in the same time, its
challenges as well. Thus, we reiterate once more that our method is
analytic to examine the topic.
خلاصه ماشینی:
"In accordance with Resolution (97)10 of the Committee of Ministers, members of the Advisory Committee shall have recognized expertise in the under the Framework Convention for the Protection of National Minorities, to broaden the scope of the provisions protecting minority rights, so as to ensure that ‘minority rights’ benefit all those under the jurisdiction of the State, who present certain distinct characteristics evolution would result in defining minority rights as human rights, thus in principle to be enjoyed by all, whether or not they are found to belong to a ‘minority’ under the classical definition of this term.
). Rather, the members of the latter groups are protected by the general human rights and if they are nationals by the guaranteed civil rights’ (Germany, Third According to mentioned statements above, this survey seeks to focus on the legally-binding "Framework Convention for the Protection of National Minorities" (that hereinafter called "FCMN") – as the first binding treaty between European States – and its mechanism to protect persons belonging to national minorities within the Europe as a whole.
For this, we consider and examine the following issues respectively: 1- The definition of minority ; 2- Historical background and the significance of the FCMN; 3- The nature and content of minority rights; 4- who are the right- holders and beneficiaries; 5- Improvement and Development of minority protection within the Council of Europe: Challenges and Problems?; 6- Kosovo: The Crucial Situation Before COE and finally, the article State Report, ACFC/SR/III (2009)003, 2009, Para."