Relevant Aspects of National Minorities in Romania

  • Crina Mihaela Verga Lecturer Ph.D., “George Bacovia” University, Bacau, Romania
Keywords: National minorities; rights; legal regulation; Romania.

Abstract

The issue of national minorities must contribute to the correct treatment and understanding of this phenomenon, given the respect for human rights for all individuals and the principles that must be observed in inter-state relations. The topic addressed in this paper has overlapping points with history, politics, sociology, psychology and law. It presents various points of view on the protection of minorities, but without claiming to have exhausted such a complex subject. Thus, we will refer first, to some directions in defining the concept of ˮnational minoritiesˮ. Then, we will analyze the controversial issue of whether or not the rights of minorities are recognized individually or collectively. We will continue by making a succinct presentation of the legal framework on the protection of national minorities in Romania and we will conclude this study with some synthetic comments on the subject under debate.

The subject is of a particular importance in the context of delaying the adoption of appropriate legislation on the matter in Romania.

References

[1] Benoît-Rohmer. Florence et Institut International de la Démocratie. La question minoritaire en Europe: vers un système cohérent de protection des minorités nationales. Conseil de l'Europe. Strasbourg. 1996.183 In Bilder, Richard. Can Minorities Treaties Work?. Israel Yearbook on Human Rights. 1991; 2: 71-92. In The Protection of Minorities and Human Rights, Y. Dinstein, M. Tabory, eds. Boston: Martius Nijhoff Publishing, Dordrecht 1992.
[2] Convention on the Prevention and Punishment of the Crime of Genocide, adopted by the General Assembly of the United Nations on 9 December 1948, United Nations, Treaty Series; 78: 277.
[3] International Convention on the Elimination of All Forms of Racial Discrimination, Adopted and opened for signature and ratification by General Assembly resolution 2106 (XX) of 21 December 1965 entry into force 4 January 1969, in accordance with Article 19. Retrieved from: https://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx
[4] The Framework Convention for the Protection of National Minorities was adopted by the Committee of Ministers of the Council of Europe on 1 February 1995 and entered into force on 1 February 1998. Retrieved from: https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/157.
[5] European Charter for Regional or Minority Languages, Council of Europe, European Treaty Series, no. 148, Strasbourg, 5 November 1992. Retrieved from: https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/148.The European Charter for Regional or Minority Languages was ratified by Romania through Law no. 282 of 24 October 2007 for the ratification of the European Charter for Regional or Minority Languages, adopted in Strasbourg on 5 November 1992, published in the Official Journal, Part I, no. 752 of 6 November 2007.
[6] Recommendation 1201 (1993) - Additional protocol on the rights of minorities to the European Convention on Human Rights, Strasbourg, European Council. Retrieved from: http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-EN.asp?fileid=15235&lang=en
[7] European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities adopted on 21 May 1980. This Convention was ratified by the Government by Ordinance no. 120 of 28 August 1998 for the ratification by Romania of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities, adopted in Madrid on 21 May 1980, published in the Official Journal. 31 August 1998. I (329).
[8] European Charter of Local Self-Government, Strasbourg, 15.10.1985, European Council. Retrieved from: https://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/122. The European Charter of Local Self-Government entered into force on 1 September 1988. Romania signed the Charter on 4 October 1994 and ratified it by Law no. 199 of 17 November 1997, published in the Official Journal, Part I, no. 331 of 26 November 1997, with the exception of Article 7, paragraph 2 of the Charter.
[9] Recommendation 1134. Strasbourg, European Council; 1990. Retrieved from: http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTML-en.asp?fileid=15168&lang=en
[10] Deletant D. National Minorities in Contemporary Eastern Europe: Changes in the International Perception; 1995, 1: 6-18.
[11] Dănişor D. C. The Notion of Minority: from the Sociological Definition to the Political Definition. The Journal of Public Law; 2003, 2: 17-27.
[12] Drăganu T. Some Considerations Concerning the Issue of "Collective Rights" of National Minorities. The Romanian Journal of Human Rights no. 18/2000, Apador-CH: 32-50.
[13] Law no. 215/2001 on Local Public Administration, published in the Official Journal of Romania, Part I, no. 204 of 23 April 2001, as subsequently amended and supplemented.
[14] Decision no. 1206 of 27 November 2001 approving the Norms for the application of the provisions on the right of citizens belonging to a national minority to use their mother tongue in the local public administration, included in Law no. 215/2001 on Local Public Administration, published in the Official Journal of Romania, Part I, no. 781 of 7 December 2001, as subsequently amended and supplemented.
[15] Law no. 1/2011 on Education, published in the Official Journal of Romania, Part I, no. 18 of 10 January 2011, as subsequently amended and supplemented.
[16] Avis sur le projet de loi sur le statut des minorités nationales vivant en Roumanie adopté par la Commission de Venise à sa 64e session plénière, Venise, 21-22 octobre 2005. Retrieved from : http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2005)026-f
[17] Prisacariu M. R. The Status of National Minorities, Bucharest: C.H.Beck Publishing House; 2010: 210.
Published
2018-12-05
How to Cite
Verga, C. (2018). Relevant Aspects of National Minorities in Romania. LUMEN Proceedings, 5(1), 289-301. https://doi.org/10.18662/lumproc.55
Section
Articles