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The framework convention for the protection of national minorities and internalisation: lessons from the Western Balkans

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journal contribution
posted on 2023-06-09, 20:35 authored by Elizabeth CraigElizabeth Craig
The precise form of internalization of the provisions of the Council of Europe’s Framework Convention for the Protection of National Minorities in domestic law is crucial in ensuring its long-term effectiveness. Experiences in the Western Balkans raise important questions about the role of minority (or community) rights legislation in deeply divided societies. This article uses the case-studies of Bosnia and Herzegovina, Kosovo and the Republic of North Macedonia to highlight key themes and limitations that have emerged. Comparative analysis reveals a surprising divergence of approaches to internalization in the region. The article further demonstrates that the ‘nation-cum-state paradigm’ remains prevalent, despite the premise of universality. It argues that such legislation can play an important symbolic and practical role, but that legal internalization needs to be seen as an ongoing process. It concludes that attention needs to be given to ensuring the continued particularization and adaptation of such legislation in light of both the limitations and changing circumstances, providing a key lesson also for other divided societies.

History

Publication status

  • Published

File Version

  • Accepted version

Journal

Review of Central and East European Law

ISSN

0925-9880

Publisher

Brill

Issue

1

Volume

46

Page range

1-40

Department affiliated with

  • Law Publications

Research groups affiliated with

  • Sussex Centre for Human Rights Research Publications

Full text available

  • Yes

Peer reviewed?

  • Yes

Legacy Posted Date

2020-02-12

First Open Access (FOA) Date

2021-03-04

First Compliant Deposit (FCD) Date

2020-02-12