Adequate representation of persons belonging to national minorities in public sector: The nature, content and scope of obligations in the comments of the Advisory Committee for the Framework Convention

Abstract

Adequate representation of persons of minority origin in public sector bodies is one of the conditions for their effective participation in public affairs, as prescribed in Article 15 of the Framework Convention for the Protection of National Minorities. To establish whether a State Party fulfils this requirement, the Advisory Committee for the Framework Convention has developed the standard of adequate representation. The aspect of the standard which concerns the adequate representation of persons of minority origin in non-elected public sector bodies is still vague and insufficiently developed. That is a source of uncertainty as to the obligations of the State Parties and the appropriate methods for their realisation. The paper investigates the nature, content and scope of obligations ensuing from this particular aspect of the standard of adequate representation with the aim to contribute to its further normative articulation. The investigation is carried out by analysing the thematic commentaries and country-specific opinions of the Advisory Committee.

Keywords

• article 15 of the framework convention for the protection of national minorities
• standard of adequate representation
• non-elected public sector bodies
• legal obligations
• advisory committee