The Graz Recommendations
on Access to Justice
and National Minorities
& Explanatory Note
1.
Access to justice for persons belonging to national minorities should
be underpinned by the principles of the rule of law, non-discrimination
and equality, including gender equality, the right to a fair hearing within
a reasonable time by an independent and impartial body established
by law, the right to legal assistance and the right to an effective remedy.
Access to justice for national minorities is grounded in the idea that justice is not
only about the enjoyment of rights by persons belonging to national minorities but
is also intimately connected to conflict prevention. Access to justice should be
underpinned by the principles of the rule of law, non-discrimination, equality, the
right to a fair hearing within a reasonable time by an independent and impartial
body established by law, the right to legal assistance and the right to an effective
remedy.6
6
10
International Covenant on Civil Political Rights (1976) article 14; European Convention for the Protection
of Human Rights and Fundamental Freedoms (1950) articles 6 and 13; OSCE (1990) Document of the
Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, paragraph 5.
It should be noted that while some of the legal instruments referenced in this document (such as the
European Convention for the Protection of Human Rights and Fundamental Freedoms or the Framework
Convention for the Protection of National Minorities) are not legally binding on all OSCE participating
States, they nonetheless give valuable reference points as to the interpretation of other, binding,
international instruments.
The Graz Recommendations on Access to Justice and National Minorities