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. Intersentia

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