The legal protection of the minorities under the European Convention on the Human Rights

• Author: Suiu Ion - Diaconu Catalin Stefan - Diaconu Elena
• Position: University Lecturer, Trainer for a Doctor?s Degree - Teaching Assistent - PhD University Lecturer, Spiru Haret University
• Pages: 40-44

THE LEGAL PROTECTION OF THE MINORITIES UNDER THE

EUROPEAN CONVENTION ON THE HUMAN RIGHTS

Ion Şuiu

Ştefan Ctlin Diaconu

Elena Diaconu

Abstract

The rights of the minorities were a great concern of the authorities at the beginning of the

twentieth century with good results after World War I, by the treaties concluded between the

Allied and Associated Powers (USA, United Kingdom, France, Ita ly and Japan) a nd the defeated

states or those that got their former territories reintegrated together with the minorities now

living in these territories.

Key words: Protection of the minorities, the Framework Convention for the Protection

of the National Minorities, the European Convention on the Human Rights

Introduction

The protection of the minorities is one of the main priorities of the Council of Europe. In

addition to the special mechanisms crea ted for the minorities, the protection of the national

minorities is an important issue in the active work of the legislative bodies.

Although the issue of the minorities became a topic of constant concern in the

international laws only after World War I, the problems regarding the existence and protection of

the minority groups were obvious since the 16th century. The religious wars that followed, as a

consequence of the Reformation generated concern within the international community of the

time, on the differences between the various religious groups who lived in the same territory in

the states that acknowledged only one official religion. From the Edict of Nantes (1598) to the

Treaty of Berlin (1878) a long series of international treaties established an early international

system of minority protection.

The treaty of Augsburg (1555) stated that the Protestants and Catholics "shall live

together in peace and quiet”, and the peace Treaty of Westphalia (1648) stated the principle of

religious freedom and equality and accepted it as part of the" European public law. " In 1815, at

the Congress of Vienna, the participating states confirmed this principle. However, even if the

principle of religious freedom and equality was included in other treaties subsequently

concluded, we can state that they remained only on papers. Particularly, in the Ottoman and

Austro-Hungarian empires, the conflicts arising from the religious differences went on.

The international community became aware of the seriousness of the problems regarding

the existence of the minorities only after the World War I. Following the collapse of three great

European empires: the Austro-Hungarian, Ottoman and Tsarist, new states emerged on the

 University Lecturer, Trainer for a Doctor’s Degree,e-mail: nelusuiu@yahoo.co m

 Teaching Assistent,e-mail:easymoderogue@yahoo.com

 PhD University Lecturer, Spiru Haret University, e-mail:diaconuush@yahoo.co m