Brief considerations on defining concept of national minority

• Author: Carmina Aleca - Ramona Duminica
• Position: Assist. Ph.D., University of Pitesti, Faculty of Law and Administrative Sciences - Assist. Ph.D., University of Pitesti, Faculty of Law and Administrative Sciences
• Pages: 25-32

BRIEF CONSIDERATIONS ON DEFINING CONCEPT OF NATIONAL

MINORITY

Ramona Duminică

∗

∗∗

∗

Carmina Aleca

∗

∗∗

∗∗

∗∗

∗

Abstract:

The concept of national minorities has born theoretical controversy, both on national

and international scene, the main interest in clarifying these issues being determined by the

desire of contributing to human communities’ defense.

Considering there is no legal definition, generally accepted, we intend to highlight the

significance of national minority and to present all conditions it requires.

Apparently, the meaning of minority seems to be very clear, but implementing it into a

legal determination has proved to be difficult. Understanding this concept implies a reference

to principle of equal rights, to unity, sovereignty and democracy.

Based on these considerations, this article aims to achieve an analysis of definitions

of national minorities under the terms of the United Nations (UN) and Council of Europe

and, at the same time, to highlight the main views expressed in the doctrine.

Keywords: national minority, political criteria, sociological criteria, objectivistic

definition, political and normative definition

Introduction

Although there has been and there still is an intense preoccupation to find a

unanimously accepted and legally valid definition, this goal has not been achieved at an

international level.

During the 47

th

session of the Commission on Human Rights of the United Nations

Economic and Social Council of 1991 has admitted the difficulty of this undertaking.

Subsequently, article 12 in the report of the Framework Convention for the protection of

national minorities of 10

th

November 1994 come into force on the 1

st

February 1998 states

that ”no definition of the notion of national minority is included in the Framework

Convention. It has been decided to approach the problem pragmatically, based on admitting

the fact that it is to reach a conclusion”.

1. Definitions of the concept of minority on an international scale

In order to enunciate a coherent definition, the Sub-commission charged with the

protection of human rights, backed by the UN requested that three studies e made by F.

Capotorti in 1971, J. Deschenes in 1984 and M. Corby in 1986, followed by a text by A. Eide

in 1993.

A definition considered as the most relevant and a starting point for other definitions

given on a doctrinal level is the one by F. Capotorti, which is based on numerical and

sociological criteria. He declares that a minority is “a group numerically inferior to the rest of

∗

Assist. Ph.D., University of Piteşti, Faculty of Law and Administrative Sciences,

duminica.ramona@yahoo.com

∗∗

Assist. Ph.D., University of Piteşti, Faculty of Law and Administrative Sciences, e-mail:

carmina.aleca@yahoo.com