Religious Minority Identity in the Work of the Advisory Committee of the Framework Convention for the Protection of National Minorities: A Multifaceted Challenge in Evolution

Abstract

The Framework Convention for the Protection of National Minorities (FCNM) of the Council of Europe counts more than 20 years of existence in the European human rights landscape. Normatively, the protection of minority religious identity is embedded in three main articles of the convention: first, under Articles 7 and 8, which outline a general right to freedom of religion, but also under Article 6, which considers religious minority rights for “new” minorities as related to tolerance. The analysis that follows here will unfold in three stages: the first stage will engage with the crucial issue of the scope of protection of the FCNM and how this relates to the protection of religious minority rights contained in the convention in today’s European societies. The second stage will focus on the main relevant articles of the FCNM that concern religious freedom. Starting with Articles 7 and 8 of the FCNM that focus on the religious rights of minorities stricto sensu, the discussion will then extend to Articles 5 and 6 of the FCNM due to their relevance to the exercise of religious rights by minorities in their cultural and diversity management dimensions. This extension is necessary to illustrate the current implications of religious identity for minority–majority relations. Methodologically, the study relies heavily on a detailed survey of the four completed cycles of monitoring, mapping the typology of issues pertaining to religious minorities as encountered by the Advisory Committee to the FCNM (ACFC) in the monitored states. The final stage of the analysis will provide some concluding thoughts on the general contribution of the ACFC towards standard setting on religious freedom in the European context.