CYIL vol. 16 (2025)

CYIL 16 (2025) REFLECTING ON THE FRAMEWORK CONVENTION FOR THE PROTECTION… Cooperation, and the League of Arab States, have made the protection of human rights a central part of their agendas. Significant instruments include the African Charter on Human and Peoples’ Rights (adopted in 1981), the American Convention on Human Rights (adopted in 1969), the Cairo Declaration on Human Rights in Islam (adopted in 1990), and the Arab Charter on Human Rights (originally adopted in 1994 and revised in 2004). The European model, developed mainly through the activities of the Council of Europe and the European Union, is often considered the most advanced. Its main strengths lie particularly in the case law of the European Court of Human Rights and the Court of Justice of the European Union. 23 In addition to the European Convention on Human Rights of 1950, the Council of Europe has adopted numerous other treaties addressing human rights protections, either directly or indirectly. These include the European Social Charter (1961, revised in 1996), the European Convention on the Legal Status of Migrant Workers (1977), the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (1987), and the Convention on Human Rights and Biomedicine (1997). At the EU level, the scope of fundamental rights protection was significantly expanded when the Charter of Fundamental Rights of the European Union became legally binding in 2009. Regarding minority issues specifically, 24 several specialized institutions operate within the European human rights framework with mandates relating to the protection of national minorities. These bodies include the ACFC, the European Commission against Racism and Intolerance (ECRI), the European Commission for Democracy through Law (commonly known as the Venice Commission), and the Committee of Experts of the European Charter for Regional or Minority Languages (COMEX). However, it is not only the institutional landscape of human rights and minority rights protection that suffers from fragmentation, the underlying body of relevant legal norms is equally affected. Alongside numerous human rights treaties , which bind only the respective states parties, there are also universally binding standards based on international custom . These include the general prohibition of discrimination as well as the right to a fair trial , and the prohibitions of torture , slavery , and genocide. The situation is further complicated by the existence of peremptory norms of international law (jus cogens), 25 such as the prohibition of genocide. These are norms from which no derogation is permitted, not even by international treaties, and which are universally binding on all states. 24 One should not forget that several important international and regional cultural conventions, while not specifically focused on national minorities, have an indirect impact on their protection by safeguarding cultural rights. Among these are the Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Faro Convention, 2005) and the European Cultural Convention (1954), both of which promote inclusive access to cultural heritage and support cultural and linguistic diversity. At the universal level, the UNESCO Convention for the Safeguarding of the Intangible Cultural Heritage (2003) and the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) provide frameworks for preserving and promoting various cultural expressions, benefiting also minority communities. 25 On the quasi-mythical and symbolic dimension of jus cogens in relation to human rights, see BIANCHI, Andrea. Human Rights and the Magic of Jus Cogens. European Journal of International Law . 2008, vol. 19, no. 3, pp. 491–508. 23 For a more detailed account of the current activities of relevant organizations in the field of human rights, see BOULDEN, J., KYMLICKA, W. Introduction. In: BOULDEN, Jane, KYMLICKA, Will. International Approaches to Governing Ethnic Diversity. Oxford: Oxford University Press, 2015, pp. 1–21.

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