España y el Convenio Marco para la Protección de las Minorías Nacionales: una reflexión crítica

Abstract

The concept of «national minority» has traditionally had little relevance in Spain’s legal system. However, in 1995 Spain ratified the Council of Europe’s Framework Convention for the Protection of National Minorities, thus requiring that the scope of its application be determined in Spain. The Convention has been little used to date, but based on the experience of other European states and the opinions of various monitoring bodies, a broader application might be argued for. For example, the Framework Convention might be extended to other cultural, language or religious groups in Spain who do not currently enjoy its protection. An analysis of opinions recently expressed elsewhere in Europe points to this same conclusion, so that the Framework Convention might fulfil its function as an instrument for the protection of human rights and for fostering greater social cohesion within European societies.