dr Grażyna Baranowska
Zakład Badania Instytucji Prawnych
Poznańskie Centrum Praw Człowieka
e-mail: baranowska.g@gmail.com
FORMA
Ochrona praw mniejszości narodowych w orzecznictwie Europejskiego Trybunału Praw Człowieka oraz Komitetu Praw Człowieka ONZ : analiza porównawcza
Studia Prawnicze 2014, nr 1, s. 7-28.
The article analyses case law concerning national minority protection in the jurisprudence of the European Court of Human Rights and UN Human Rights Committee. The protection of national minorities is realized through protecting individual right of persons belonging to minorities. Due to significant amount of cases and given the importance of discussed issues, the analysis is restricted to three topics: names, education and political participation. The case law has set some important standards in those areas. In most of the analyzed aspects the approach of both organs has been the same, for example in regard to names and surnames of persons belonging to national minorities. The research also showed areas in which the case law was not consistent – while examining cases concerning the same French law regarding wearing of religious clothing by students in state schools, the UN Committee, contrary to the Court, found a violation by the state. However, in the vast majority of studied subjects, the jurisprudence of the Court and Committee is very similar and allows to formulate an international standard of national minority protection. Among national minorities indigenous people enjoy in some aspects greater protection than other groups, which is particularly evident in the Committee decisions.
Legal regulations on national and ethnic minorities in Poland
Przegląd Zachodni 2014, t. 2, s. 35-48.
In Poland national and ethnic minorities are protected by law and enjoy numerous rights especially in the sphere of language, education and culture. The basic document that regulates the status of minorities and grants them their respective rights is the Act of 6 January 2005 on National and Ethnic Minorities and Regional Language, which strengthens the Constitutional principle of non-discrimination on grounds of belonging to a national or ethnic minority and grants the minorities rights related to education, culture and the use of their language. The aim of this paper is to review legal regulations pertaining to the protection of national and ethnic minorities in Poland, and to point out some problem areas. Issues discussed include definitions of national and ethnic minorities, the principle of equality before the law, rights related to education, culture and minority language as well as privileges in respect to the election law.
Cytowania