Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

The 2006 Venice Commission Report on Non-citizens and Minority Rights — Presentation and Assessment

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Helsinki Monitor
For more content, see Security and Human Rights.

In December 2006, the Venice Commission adopted the 'Report on Non-citizens and Minority Rights'. This report analyzes comprehensively the international and European standards and practice, in the light of national examples and bilateral agreements, as regards the relevance of citizenship and other criteria for circumscribing the circle of those entitled to minority rights. The pragmatic and practice-oriented approach of the analysis resulted in conclusions recommending that the attention be shifted from the definition issue to the need for an unimpeded exercise of minority rights in practice, as citizenship should not be regarded as an element of the definition of 'minority', but as a condition of access to certain minority rights. In this sense, States should devote particular attention to the need for them to regularize, without undue delay, the situation of those who have lost their citizenship, since the slow and difficult allocation of citizenship following the formation or consolidation of new entities may have an adverse impact on persons belonging to minorities. This will help promote a fuller integration of those non-citizens who form part of a minority group. The Commission also encourages those States which have neither adopted constitutional provisions nor entered a formal declaration under the FCNM restricting the scope of minority protection to their citizens only, to abstain from introducing a citizenship requirement in a domestic definition and/or in a declaration, as well as to consider, where necessary, the possibility of extending, on an article-by-article basis, the scope of protection to non-citizens. The States which have adopted such restrictive constitutional provisions and/or entered a formal declaration are encouraged to consider, where necessary, the possibility of extending, on an article-by-article basis, the scope of protection to non-citizens. In the Commission's view, States should make judicious and possibly combined use of those objective criteria for circumscribing the personal scope of application of minority protection which appear most suited to the context, such as lawful and effective residence, numerical size, the time factor coupled with a certain link with a territory and, only if required from the constitutional viewpoint, citizenship.

Affiliations: 1: University of Bucharest


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Helsinki Monitor — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation