PARTICIPATION RIGHTS UNDER THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES (FCNM): TOWARDS A LEGAL FRAMEWORK AGAINST SOCIAL AND ECONOMIC DISCRIMINATION
PARTICIPATION RIGHTS UNDER THE FRAMEWORK CONVENTION FOR THE PROTECTION OF NATIONAL MINORITIES (FCNM): TOWARDS A LEGAL FRAMEWORK AGAINST SOCIAL AND ECONOMIC DISCRIMINATION

Summary/Abstract: The FCNM marks a many-fold milestone in setting higher the international standards for minority protection: a/ It is the first hard law multilateral treaty on minority rights; b/ fundamental in nature, minority rights are an integral part of the international protection of human rights; c/ the introduced second level of anti-discrimination standards includes in many cases additional rights for the persons belonging to minorities; d/ by including participation rights, the FCNM first recognizes a political dimension in minority aspirations.Given the absence of a formal minority definition in the FCNM, the ACFC drew benefits out of this for new migrant minorities. The article sets out differences in rational accommodation as a non-discrimination policy in Canada and EU law respectively, in order to discuss diverging approaches between the FCNM comprehensive understanding of the protection against discrimination and the rational accommodation of intercultural identities of migrants in the EU. Nowadays, state constitutional politics must build on the states’ international legal obligations to guarantee to all those living within its territory regardless of their citizenship status a non-discriminatory protection of their fundamental rights.

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