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Democracy and the preservation of minority identity: fragmentation within the European human rights framework

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journal contribution
posted on 2023-06-09, 06:36 authored by Stephanie BerryStephanie Berry
The international human rights (IHR) and international minority rights (IMR) regimes have very different origins. However, the two regimes converged in the 20th century, and IMR are now understood to be a sub-regime of IHR. This article argues that the different historical origins of the two regimes impact how actors within each regime interpret their mission, and have resulted in institutional fragmentation within the Council of Europe. The mission of the European Court of Human Rights is the promotion and protection of democracy, whereas the Advisory Committee to the Framework Convention for the Protection of National Minority’s mission is the preservation of minority identity. In practice, this has led to conflicting interpretations of multi-sourced equivalent norms. It is suggested that inter-institutional dialogue provides an avenue through which these conflicting interpretations can be mediated.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

International Journal on Minority and Group Rights

ISSN

1385-4879

Publisher

Brill

Issue

3

Volume

24

Page range

205-228

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex Centre for Human Rights Research Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2017-06-13

First Open Access (FOA) Date

2019-09-27

First Compliant Deposit (FCD) Date

2017-06-12

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