Individual or collective rights as rights of the national minorities

Author:Diaconu Catalin Stefan - Diaconu Elena
Position:Teaching Assistent, University Lecturer - PhD University Lecturer, Spiru Haret University
Pages:36-39
SUMMARY

The present paper is based on the doctrinal and legal approach to the minority rights in terms of two possibilities of exercising them, namely together with the individual one, or with the others.The legal issues presented in the paper is of a strong political nature and created difficulties both in defining the term "national minority''and in framing its rights into individual or collective... (see full summary)

 
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INDIVIDUAL OR COLLECTIVE RIGHTS AS RIGHTS OF THE
NATIONAL MINORITIES
Ştefan Ctlin Diaconu
Elena Diaconu
Abstract
The present pa per is based on the doctrina l and legal approach to the minority rights in
terms of two possibilities of exercising them, namely together with the individual one, or with the
others. The legal issues presented in the paper is of a strong political natur e and created
difficulties both in defining the term "national minority''and in framing its rights into individual
or collective rights.
Key words: National Minorities, Human Rights, Individual Rights, Collective Rights.
Introduction
The issues of the national minorities rights is very curr ent and controversial.
The preocupation for the minority rights became a topic of constant concer n in the international
law only after World War I, although the issues of the existence and protection of the minority
groups came out in the16th century. These problems increased after after World War I ,by the
treaties concluded between the Allied and Associated Powers (USA, United Kingdom, F rance,
Italy and Japan) a nd the defeated states or those that got their territories reintegrated a nd also
got minorities in these territories. Thus, until 1934, the regulations relating to the national
minorities were given by: the peace treaties concluded in the Paris Peace Conference with
Austria, Hungary, Bulgaria, Turkey, special trea ties also called The Minority Treaties concluded
within the Peace Conference from Paris, with Poland, Greece, Czechoslovakia, Yugoslavia a nd
Romania. The statements about the minorities, made in front of the Council of the Nations
Society by the member states: Albania, Estonia, Finland, Latvia, Lithuania; the mutual
agreements between states.
After the Second World War, the international community began to focus on the human
rights and their international protection. In 1945 the United Nations Charter came into force.
Although it did not contain specific provisions on the minority rights, the Charter proclaimed the
universal principles of the observation and protection of the human rights, and the principles of
equality and non-discrimination. Article 1, Paragraph 3 states that one of the purposes of the
Organization is "to achieve international cooperation ... in promoting and encouraging the
observation of the human rights for everybody without any relation to race, sex, language or
religion." Thus, by including the principle of non-discrimination in The Charter, which is one of
Teaching Assistent, University Lecturer, Trainer for a Doctor’s Degree, Ion Şuiu, e-mail:
easymoderogue@yahoo.com, e-mail: nelusuiu@yahoo.com
 PhD University Lecturer, Spiru Haret University, e-mail: diaconuush@yahoo.com

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