The position of minorities according to the Charter of Fundamental Rights and Freedoms and the Framework Convention for the Protection of National Minorities
Abstract
The aim of this paper is to examine the concurrence of constitutional and international legal standards of minority rights in the Czech Republic. After briefly comparing the material scope of protection under the Charter and the Framework Convention, the author addresses the personal scope of protection.The minority concept of the Charter and the Minority Act is clearly based on the criterion of citizenship.
On the other hand, the Advisory Committee on the Framework Convention usually requires an open or so-called inclusive approach towards foreigners. With this concept, it has come into conflict with various states parties that stick to a traditional definition of the term national minority.
The analysis shows that the rejection of the criterion of citizenship is part of a wider project aimed at building a diverse society or diverse societies in Europe.