3.1.3. While kin-states may legitimately play an important role in upholding national minority rights by taking an interest in what happens to their kinspeople living in other countries, it is imperative that this support respects the legislation of the states where the minorities concerned live and any regulatory act must be negotiated beforehand with the governments of those states. Political science is one of the social sciences. -        According to Article 7a of the Constitution of Slovakia, the State shall provide support to the national identity of Slovaks living abroad, to their institutions and to their relationships towards their home country. Create your account, The word "nation" is usually a synonym for country. The same rights and obligations should be recognised for or observed by all states who intend to adopt unilateral measures regarding the protection of the identity of cultural and national minorities living in different states and being formed by the latter states’ citizens. Similarly, the European Court of Human Rights can play a very important role in securing recognition of the collective and individual rights of national communities (minorities). 107. The nation was the new concept on which the Revolution built the democratic legitimacy of the new regime, the new political system: the nation was seen as a unified and uniform community of citizens. As regards national minorities, it is obvious, therefore, that their members are necessarily citizens of the country in which they are resident. Article 2: “It is the entitlement and birthright of every person born in the island of Ireland, which includes its islands and seas, to be part of the Irish Nation”. Within the scope of this report, I intend first to set out the findings and conclusions of the hearing organised by the committee and the answers to the questionnaire sent to national delegations. The emergence of the nations in Europe dates back to the 19th century. (2) Romania is the common and indivisible homeland of all its citizens, without any discrimination on account of race, nationality, ethnic origin, language, religion, sex, opinion, political adherence, property, or social origin �. This would apply to the Russian Federation, for example. These are … 25. A new definition is therefore unnecessary. The only Council of Europe member state which is genuinely, and constitutionally, multiethnic is Bosnia and Herzegovina. All rights reserved. A society that considers itself pluralist must allow the identities of its minorities, which are a source of enrichment for our societies, to be preserved and to flourish. Become a Study.com member to unlock this 2. 97. It was Enlightenment France which, by coining the concept of the nation-state, gave substance to the concept of nation. The Framework Convention for the Protection of National Minorities contains no definition of the term “national minority”, and neither do the other international instruments for the protection of minority rights. -        Article 5 of the Constitution of Slovenia also provides that the State “shall maintain concern for autochthonous Slovene national minorities in neighbouring countries and for Slovene emigrants and workers abroad and shall foster their contacts with the homeland. After 1947 India became the nation state. In adopting their founding text, the United States did not consider the question of who the people were, and whether the Indians or the Blacks were included or excluded. Ireland, Italy, Luxembourg, Poland and Romania also indicated that the procedure as to the European Charter was on going, either at the governmental level, or at the parliamentary level. The constitution of Hungary refers extensively to the “people” (Article 2: “in the Republic of Hungary supreme power is vested in the people, who exercise their sovereign rights directly and through elected representatives”. 110. Does your Constitution make a distinction between the concepts of "State" and "people"? Albania: the Albanian Constitution distinguishes between the “Albanian people” (understood as including persons living outside the frontiers of the state) and “citizens of Albania”. States whose constitution refers explicitly or exclusively to the concept of “nation”, in the sense of an ethnic nation: 36. In June 2003, the Parliamentary Assembly discussed the issue of the preferential treatment of national minorities by the kin-state with reference to the case of the Hungarian law of 19 June 2001 on Hungarians living in neighbouring countries (“Magyars”), on the basis of a report presented by the Committee on Legal Affairs and Human Rights1. The minutes of the hearing (AS/Jur (2004) 27) have been declassified and are obtainable from the committee Secretariat upon request. There are many countries in which the word “nation” is not understood in the French or German sense of the term. European Charter for Regional and Minority Languages, iii traditional minorities and another have! Protection of national minorities, ii although it refers to “ the rights of minorities other than minorities... Enshrines clearly the concept of nation different idea of a homogenous population Iceland indicated that both apply self-governing... 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