A short analysis of the specific rights of national minorities

• Author: Andra Dascalu - Andreea Draghici - Daniela Iancu
• Position: Universitatea din Pitesti. Facultatea de Stiinte Juridice si Administrative - Universitatea din Pitesti. Facultatea de Stiinte Juridice si Administrative - Universitatea din Pitesti. Facultatea de Stiinte Juridice si Administrative
• Pages: 139-144

A short analysis of the specific rights of national minorities

Prep.univ. Andra DASCLU

Universitatea din Piteşti

Facultatea de Ştiine Juridice şi Administrative

(e-mail: andradascalu@yahoo.com)

Lect.univ.dr. Andreea DRGHICI

Universitatea din Piteşti

Facultatea de Ştiine Juridice şi Administrative

Lect.univ.dr. Daniela IANCU

Universitatea din Piteşti

Facultatea de Ştiine Juridice şi Administrative

Abstract

According to international treaties and national regulations , the discrimination on racial or ethnic

reasons violates the human rights , breaks the fundamental moral principles and it trammels the positive

social interaction , as well as the proper functioning of public institutions. The national minorities are

protected against the discriminations by the regulation of their specific rights beside the fundamental

human rights. The specific rights of the persons belonging to national minorities are those rights which

are directly related to elements that represent the components of the national identity. In this article we

will make a short analysis of this specific rights.

Key-words: national minorities, rights, culture, religion, linguistics.

1. General considerations regarding national minorities

Despite countless references to national minorities which we find in judicial international

instruments of all types (multilateral conventions, bilateral treaties, resolutions of international

organizations) there is not an accepted general definition of the term “minority”.

Within international organizations attempts have been made to define national minorities.

Recommendation no.1134 of the Council of European Parliamentary Assembly regarding the rights of

persons belonging to national minorities, adopted at the 1st of October 1990, in point 11, gives the

following definition of national minorities: “ separate or distinct groups, well defined and established in

the territory of a state, whose members are citizens of that state and present certain religious, language,

cultural or other characteristics, which distinguish them from most population”.

Recommendation no.1201 of APCE from the 1st of February 1993 defines national minorities as

“groups of persons from a state who live on the territory of that state and are its citizens; have long

lasting, strong and permanent relationships with that state; manifest distinct ethnic, cultural, religious or

language characteristics; are sufficiently represented, even if they are less in number then the rest of the

population of a state or of a region of that state; are motivated in keeping together that which is their

common identity, including their culture, traditions, religion or language”.

According to Art.3 (2) from Recommendation 1201 regarding the additional Protocol project,

persons belonging to national minorities can exercise their rights and can enjoy them individually or with

others. Art.3 of the Frame-Convention contains the same provision, specifying that the rights enounced in