Minority Rights in a Time of Multiculturalism--The Evolving Scope of the Framework Convention on the Protection of National Minorities

Abstract

This article examines the revival and transformation of minority protection in Europe in the post-1989 era. Based on an exploration of the 1995 Framework-Convention on the Protection of National Minorities (FCNM) and related activities of the Advisory Committee to this Convention, it attempts in particular to discern how the new discourse on diversity that developed around the ideas of multiculturalism and pluralism contributes to re-shape the legal understanding of minority rights after 1989, compared to the traditional conception of minority protection in international law. Two main issues are considered: first, discussions surrounding the legal definition of a minority, with particular attention to the issue whether persons with an immigrant background can be included in this concept, are looked at. Second, with regard to the content of the protection, the emphasis is put on two aspects of the Convention which appear particularly significant, namely inter-cultural dialogue and democratic participation.