THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE PROTECTION OF MINORITIES UNDER INTERNATIONAL LAW Skip over navigation
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Copyright (c) 1993 Connecticut Journal of International Law
Connecticut Journal of International Law

THE EUROPEAN CONVENTION ON HUMAN RIGHTS AND THE PROTECTION OF MINORITIES UNDER INTERNATIONAL LAW

Spring, 1993

8 Conn. J. Int'l L. 227

Author

by Andras B. Baka *

Excerpt

INTRODUCTION

The need for protection of religious, racial, ethnic, and other minorities under internal (or constitutional) and international laws has perhaps never been as timely as it is now. While the minority question is one of global dimensions, this assertion is borne out by a mere glance at the grave tensions in, and the varied ethnic landscape of, present-day Europe. However, particularly if one considers the countless types of ethnicity, the minority problem has long been either attendant upon or central to the European processes. It is a recurring phenomenon presenting a need for a solution to the societal concerns it generates. The exploration for a solution to these problems, which are of a complex nature and which affect almost all spheres of the economy and society, is a task for several branches of science, with an essential yet by no means exclusive role reserved for jurisprudence and law.

I. HISTORICAL BACKGROUND TO THE PROTECTION OF MINORITIES UNDER INTERNATIONAL LAW

In the quest for international legal solutions to the minority problems of the present -- a quest which brooks no further delay -- it is helpful to identify both related traditions and historical antecedents in laying the groundwork for the legal protection of minorities in Europe.

A review of the means by which both internal and international laws regulate minority rights reveals a considerable lag in the development of this broad area of law as compared with other domains of law. The relevant literature of the past years ...
 
 
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