ETHNIC CONFLICTS. CASE STUDY: KOSOVO

Roxana Alina Petraru ()
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Roxana Alina Petraru: PhDs Lecturer at the Faculty of Law, “Petre Andrei” University from Iasi

Jurnalul de Studii Juridice, 2012, vol. 1-2, 15-23

Abstract: The complexity of the national minority rights lies in combining the human rights and fundamental freedoms and the rights specific to this category. While the former are universal, the "extended" ones meet a set of principles and obligations "incumbent upon states and translate into rights, facilities and specific measures for the benefit of persons belonging to minorities.” (Chablais, (2007), :57) International documents protecting the rights of national minorities do not refer to collective rights. Paragraph 31 of the Explanatory Report to the Framework Convention for the Protection of National Minorities states that the document adopted by the Council of Europe refers to the protection of national minorities and, as such, to the rights and freedoms of persons belonging to such minorities. This distinction and difference in wording clearly indicates that recognition of collective rights of national minorities is not envisaged. Also, "an analysis of the practice of bodies established by the European Convention on Human Rights, says that group rights are excluded because they are too vague, substantially and procedurally impracticable." (Diaconu, (2009), :278)

Keywords: national minority; self-determination; secession; ethnic conflict (search for similar items in EconPapers)
JEL-codes: A23 (search for similar items in EconPapers)
Date: 2012
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