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The Rights Of ‘New’ Minorities: Scope And Restrictions

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Chapter Summary

This article discusses the origin and present status of that distinction and argues that most, though not all, rights even in the Framework Convention on National Minorities correspond to rights contained in universal human rights provisions, but agrees that in some contexts states have stronger obligations towards 'old' and settled national minorities than those that can be derived from human rights in general. It has in the past been frequently argued that only 'traditional' or 'old' minorities are entitled or should be entitled under international law to minority rights. There exists a contrary view that the concept of 'minority', and particularly 'national minority' has an established meaning which predates international human rights and which by definition excludes new minorities, which limits the range of minorities to groups of persons that are citizens of the country and have lived there traditionally.

Keywords: framework convention; international human rights; international law; minority rights; national minorities



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