7 Jurnalul de Studii Juridice 15 (2012)

handle is hein.journals/jstudice7 and id is 1 raw text is: 



                                                       Roxana Alina PETRARU*

         The complexio of the national minoriy rights lies in combining the human rights and
fundamental freedoms and the rights specific to this categoy. While the former are universal, the
extended ones meet a set of principles and obligations incumbent upon states and translate
into rights, facilities and specfic measures for the benefit of persons belonging to minorities.
(Chablais, (2007), .57)
         International documents protecting the rights of national minorities do not refer to
 collective rights. Paragraph 31 of the Explanatoy Report to the Framework Convention for the
 Protection of National Minorities states that the document adopted b the Council of Europe
 refers to the protection of national minorities and, as such, to the rights and freedoms of persons
 belonging to such minorities. This distinction and difference in wording clear4 indicates that
 recognition of collective rights of national minorities is not envisaged. Also, an anajysis of the
 practice of bodies established by the European Convention on Human Rights, says that group
 rights are excluded because they are too vague, substantialjy and proceduraljy impracticable.
 (Diaconu, (2009), .278)

         Keywords: national minoriy, self-determination, secession, ethnic conflict

         * PhDs Lecturer at the Faculty of Law, Petre Andrei University from               Iasi,

                     PETRARU, R., A., (2012) Ethnic conflicts. Case study: Kosovo,
                     Jurnalul de Studii Juridice, Year VII, No. 1-2, June, pp: 15 - 23.

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