Comparative Analysis of Legal Guarantees of Educational Rights of National Minorities and Migrants in Europe

in International Journal on Minority and Group Rights
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A difference between a framework protecting national minorities established by the Versailles treaties and a framework protecting minorities originating from migration was blurred in the Universal Declaration of Human Rights, which adopted an all-inclusive approach to human rights. The present article is an attempt to research (a) what exactly the differences between the instruments protecting national minorities and the instruments protecting migrants are in one specific area, education, and (b) to what extent the general inclusiveness of human rights instruments has influenced or should influence the specific instruments pertaining to the protection of educational rights of migrants and national minorities.

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24

D. Wilson, ‘Report: A Critical Evaluation of the First Results of the Monitoring of the Framework Convention on the Issue of Minority Rights in, to and through Education 1998–2003’, in Filling the Frame. Five years of Monitoring the Framework Convention for the Protection of National Minorities, Proceedings of the conference held in Strasbourg, 30–31 October 2003 (Strasbourg, 2003) p. 9.

38

De Varennes, supra note 34.

40

Williams and Rainey, supra note 15, p. 650.

64

ECJ, Case 9/74, Casagrande v. Landeshauptstadt München, [1974] ECR 773 (judgment of 3 July 1974).

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