- Tytuł:
- Reliance on International Treaties as a Means of Protecting Minority Rights: An Effective Strategy or Waiting for Nothing? The Case of the Polish Minority in Lithuania
- Autorzy:
- Szymanski, Charles
- Powiązania:
- https://bibliotekanauki.pl/articles/27308711.pdf
- Data publikacji:
- 2022
- Wydawca:
- Uniwersytet w Białymstoku. Wydawnictwo Uniwersytetu w Białymstoku
- Tematy:
-
Minority Rights
Discrimination
Language Rights
Political Action - Opis:
- This article focuses on the legal and political impact of international minority rights treaties on the Polish minority in Lithuania. An analysis will be made as to whether and to what degree they have been followed by Lithuania, and, overall, whether they have been effective for the Polish minority in Lithuania. The possibility that they are more of a false promise will also be addressed, and whether or not reliance on international law – perhaps in conjunction with local political action within Lithuania – is a good strategy for Poles in Lithuania. In general, international law norms have not had a direct impact, at least as applied by various international tribunals and other bodies. Cases brought by ethnic Poles before the European Court of Justice, the European Court of Human Rights, and the U.N. Human Rights Committee have not yielded significant results. The Framework Convention for the Protection of National Minorities does directly address many of the issues raised by the Polish minority, but it is not enforceable absent enabling legislation. Yet, recent positive domestic legislation and case law in Lithuania have mitigated these concerns, suggesting that political mobilization, using international norms as a benchmark to be obtained, is much more effective than relying on international law on its own.
- Źródło:
-
Miscellanea Historico-Iuridica; 2022, 21, 2; 335-366
1732-9132
2719-9991 - Pojawia się w:
- Miscellanea Historico-Iuridica
- Dostawca treści:
- Biblioteka Nauki
Artykuł