IX. Inclusion And Exclusion. The Difference In The Notion Of ‘National’ In The Framework Of Minority Rights Regimes
This chapter strives to enlighten one particular aspect, namely the notion of the term 'national' within the concept of minority rights and protection regimes. It overviews grasp some argumentative lines concerning the question if the rights granted in contemporary concepts of minority protection are purely individual or group rights and which areas the rights comprise. Secondly the duty question shall be elaborated, which mainly asks if the minority rights regime imposes a positive duty on the state to take action or if it merely demands non-intervention from the state. The chapter focuses on the introduction of the different minority rights systems and regimes. It is dedicated to elaborate the particular instruments and mechanisms within the scope of the Council of Europe and the OSCE with regard to minorities, analysing the connotation of the term national within the particular instruments. Keywords: Europe area; minority rights regime; National Minorities; OSCE