Part II. European Law on Nationality and Statelessness
remark that the draft does not specifically deal with (the vulnerabilities of) stateless
migrants.615 Depending on the follow-up to this consultation, it is therefore possible
that this instrument, which also refers to the CM Recommendation on the nationality
of children, could come to address statelessness in some way – even though this is not
the case at the moment.
3.2.3. HUMAN R IGHTS AND MINOR ITY PROTECTION
Since its inception, the protection of human rights and fundamental freedoms has been
at the core of the work of the CoE. As was described in paragraph 2.4, the protection
of minorities changed after World War II – the focus was on safeguarding the rights of
the individual. The CoE indeed, with the adoption of the ECHR in 1950, demonstrated
its commitment to the protection of the human rights of the individual. The right to a
nationality is not included in the ECHR, but as is discussed below, the instrument does
contribute in some ways to preventing and solving statelessness.
Statelessness affects minorities in Europe, such as the Roma and the Russian
ethnic minorities in the Baltic states.616 Minority rights did not fi nd an explicit place
on the ECHR either, but the supervisory bodies have “been prepared to protect the
rights of minorities under the ECHR.”617 Later, after the end of the Cold War618,
minorities protection was back on the agenda of the CoE. The important CoE
instrument that was developed on minority protection in particular – the Framework
Convention for the Protection of National Minorities (FCNM) – should be seen
against the background of
“[t]he revolution that has occurred in Europe since 1989 [that] has reawakened many
minority issues that had lain relatively dormant during Soviet domination of the eastern part
of the region and a plethora of measures, at the regional and international levels,’ have been
promulgated to deal with various minority situations and to reinforce the image of Europe as
a collection of pluralist, multicultural states”.619
615
616
617
618
619
118
CDCJ, ‘Conditions of Administrative Detention of Migrants. Report of the General Rapporteur Mr
Christoph Henrichs (Germany) on the Hearing’ (Strasbourg, 22 September 2017) para 16 <https://
rm.coe.int/report-of-the-hearing-22–23-june-2017/168074ce2f> accessed 27 May 2021; CJ-DAM,
‘Analysis of the Results of the Written Consultation on the 1st Draft of the Codifying Instrument
of European Rules on the Administrative Detention of Migrants’ (Strasbourg, 12 September
2017) para 34 <https://rm.coe.int/publication-document-analysis-of-the-results-of-the-writtenconsultati/168074ce2e> accessed 27 May 2021.
See also para 2.6.
Geoff Gilbert, ‘The Council of Europe and Minority Rights’ (1996) 18 Human Rights Quarterly 160,
173.
See also para 2.6.
Geoff Gilbert, ‘The Council of Europe and Minority Rights’ (1996) 18 Human Rights Quarterly 160,
160–161.
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