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fundamental freedoms, including those of persons belonging to minorities, is the
responsibility of the State in which the persons and/or minority groups reside. These rights
are universal and are elaborated in multi-lateral treaties and other documents that
constitute core aspects of human rights law, including minority rights.22 In this regard,
states should no longer be guided merely by bi-lateral agreements with specific countries,
although within the context of respect for the rights of non-discrimination and equality
before the law, bi-lateral arrangements could offer enhanced entitlements over the
minimum obligations.
87. In the modern paradigm, while minority issues are a legitimate interest of the
international community, they should not be seen as tied to or implicating specific
inter-state relations that may threaten the principle of territorial integrity. A
determination that a certain group should receive the protections due to minorities does
not carry implications regarding inter-state relations.23 Minorities are constituent groups
fully within the Greek society - not a foreign element.
88. The absence of formal recognition by the state of a particular societal group as
constituting “a minority” is not conclusive.24 Rather, the existence of a group to which a
state owes minority protections is a matter of objective facts and exercise of the right of
self-identification by persons belonging to the group.25 A number of criteria have been used
in the past. A distinct shared religion, a language or distinctive dialect, race or ethnicity,
cultural expressions, or a common national heritage. The Permanent Court of
International Justice in the Greco-Bulgarian case made reference to a group of people
“united in a sentiment of solidarity.”
22
See, among others, the Helsinki Final Act (Principle VII, para.4), the 1950 European
Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter:
“ECHR”) (Article 1), the International Convention on the Elimination of Racial Discrimination,
and with regard to minorities in particular, in the 1966 UN International Covenant on Civil and
Political Rights (hereinafter: “ICCPR”) (Article 27), the UN Declaration on the Rights of
Persons Belonging to National or Ethnic, Religious or Linguistic Minorities, (Article 1(1)), the
CSCE Copenhagen Document (paragraphs 33(1) and 36(2)) and the FCNM (Article 1).
23
See the Bolzano/Bolzen Recommendations on National Minorities in Inter-State Relations &
Explanatory Note, June, 2008; www.OSCE-hcnm.org.
24
See Hurst Hannum, “The Concept and Definaition of Minorities,” Universal Minority Rights:
A Commentary on the Jurisprudence of International Courts and Treaty Bodies, Ed. Marc
Weller, University Press, 2007, p.49.
25
See article 27 of the ICCPR; General Recommendation ___ of the HRC; The Declaration on
Minorities; ICERD and CERD Recommendation VIII, 1990 and XXIV, 1998.