Decree introduced changing <strong>of</strong> names and surnames which were "inappropriate" and "<strong>of</strong>fensive",followed by a issuing <strong>of</strong> a Lexicon on the names <strong>of</strong> people, prepared by the Institute for AlbanianLanguage, which included names which can and should be given to all newborn children,regardless <strong>of</strong> national, racial or other belonging, but in effect it specifically targeted the members<strong>of</strong> the minorities 231 . Furthermore, Decree No.225 in 1975 instigated the changing <strong>of</strong> names thathave religious connotations, while the 1979 Decree5.912 provided for internment <strong>of</strong> those who"represent a danger to the social system" ,used to diffuse the minorities throughout the countrywith an aim to reduce their rights, in light <strong>of</strong> the fact that the education in mother tongue up t<strong>of</strong>ourth grade was possible only in villages settled entirely with minorities and if they were in asufficient number. 232 The change <strong>of</strong> names and toponomy, is a practice adopted in Greece as well.As regards names, it can be argued that this is a direct intervention in what is, by its very nature,an extremely private affair. 233The 1989 census in Albania showed that only 64.816 or 2.0 % <strong>of</strong> the population arenational minorities, and it is the last one, which gives information on the national minorities,since the 2001 census did not include declaration on nationality and religion. 234 The Governmentclaims that there are approximately 5, 000 persons belonging to the Macedonian national minorityliving mostly in the region <strong>of</strong> Mala Prespa. However, Macedonian sources allege that there areMacedonians living in other parts <strong>of</strong> Albania, as well, but which still have not had the opportunityfor national identification and that the number is much bigger, than the one <strong>of</strong>ficially presented. 235Nevertheless, the minority practices ( through its members) the freedom <strong>of</strong> association, and has anumber <strong>of</strong> organizations such as "Prespa", "Mir" (Peace), "MED" and "Gora", which since 2002are organized in "Association <strong>of</strong> the Macedonians in Albania", still not registered by theauthorities. 236 In addition, after three delays, the court in Tirana, registered recently, the firstpolitical party <strong>of</strong> the Macedonians -"Macedonian Alliance for European Integration" which shallstrive that the members <strong>of</strong> the minority living in the areas <strong>of</strong> Gora and Golo Brdo and in otherareas where there is large percentage <strong>of</strong> Macedonians, are acknowledged as a national minority,and to get education in their mother tongue ( the benefits <strong>of</strong> minority rights are limited to the socalled "minority zones", and in the case <strong>of</strong> the Macedonians, that is only the Mala Prespa region),as well as for a better participation in the state institutions. 237 The regions were the minority lives(Mala Prespa, Golo Brdo, Gora and others) are one <strong>of</strong> the least developed in the country, and theorganizations <strong>of</strong> the minority are requesting for financial help from the state in the fields <strong>of</strong>culture, infrastructure and for creating minimal conditions for economic development. 238 Theright to participation (which is ensured through freedom <strong>of</strong> association, expression, the forming<strong>of</strong> the political party <strong>of</strong> the Macedonian minority) is meaningless unless a group has the abilityand the resources to exercise it and where minorities have been economically or sociallydisadvantaged, unless special programmes, such as educational facilities, access to the public231 See Balevski, supra at 41, p259232 Ortakovski, supra at 39, p.301233 See Varennes, supra at 20234Report submitted by Albania supra at 45235 Fakti za Makedonskoto Nacionalno Malcinstvo vo sosednite zemji[ Facts on the Macedonian NationalMinority in the Neighboring Countries,] given to author by the Ministry <strong>of</strong> Foreign Affairs <strong>of</strong> the Republic<strong>of</strong> Macedonia[hereinafter referred to as Facts on MNM]236 Id Facts on the MNM,237 Dnevnik, 9 June 2005238 Facts on the MNM supra at 5146
service, or sometimes 239 special financial loans, are established to enable them to catch up withother communities, the disparities between them and others increase. The lack <strong>of</strong> financialresources is a problem for the functioning <strong>of</strong> the newly established Special State Committee onMinorities tasked with making recommendations to the government with respect to the promotion<strong>of</strong> the rights <strong>of</strong> minorities in all fields <strong>of</strong> life, composed <strong>of</strong> one member <strong>of</strong> the three <strong>of</strong>ficiallyrecognized national and the two linguistic minorities (Vlach and Roma). 240Chapter 4-The Macedonian minority in Greece 2414.1 Legal framework for the protection <strong>of</strong> minority rightsOn the international level, Greece has accepted many international instruments which are relevantfor minority rights .However, it has still not made a declaration on Article 14 <strong>of</strong> the UNConvention on the Elimination <strong>of</strong> All forms <strong>of</strong> Racial Discrimination., which allows theCommittee for the Elimination <strong>of</strong> Discrimination to consider individual communications.Furthermore, it has signed but not yet ratified the Framework Convention for the Protection <strong>of</strong>National Minorities, and in addition the authorities have not signified an intention to sign andratify the UNESCO Convention against Discrimination in Education or the European Charter forRegional and Minority Languages. 242 In this context, it is important to emphasize that the relationbetween national and international law are regulated by part three <strong>of</strong> the Constitution <strong>of</strong> Greece(Organization and Functions <strong>of</strong> the State). 243 Thus, Article 28, paragraph 1, stipulates thatinternational conventions and generally recognized rules <strong>of</strong> international law, when ratified forman integral part <strong>of</strong> and take precedence over national legislation.The national framework is naturally based upon the set <strong>of</strong> provisions in the Constitutionadopted on June 11th, 1975, in which individual and social rights are regulated within the parttwo. Thus, article 4(1) <strong>of</strong> the Greek Constitution provides with a basic equality clause that allGreeks are equal before the law. 244 Furthermore, the constitutional provisions regulate that allpersons have the right to freely develop their personality and participate in the public life's aslong as they do not infringe the right <strong>of</strong> the others. 245 The principle <strong>of</strong> equal treatment. isguaranteed, by providing that all the persons living in Greece enjoy full protection <strong>of</strong> life andliberty, irrespective <strong>of</strong> their nationality, race or language and <strong>of</strong> religious or political beliefs, andthat exceptions are permitted only in cases provided by international law. 246Further articles, which may be <strong>of</strong> a relevance to minorities residing in Greece, are article 11 and12, which guarantee the right to peaceful assembly, and the right to form non-pr<strong>of</strong>it associations,in compliance with law, respectively. Freedom <strong>of</strong> religion is guaranteed in article 13, which reads239 Yash Ghai, PUBLIC PARTICIPATION AND MINORITIES, (London, Minority Rights GroupInternational, 2003)240 Third Report on Albania, ECRI, 2005, available at http://www.coe.int/T/E/Human_Rights/Ecri/1-ECRI/2-Country-by-country_approach/Albania/Albania_CBC_3.asp#P75_4025241 Due to reasons explained below, Greece refers to the minority as "Slavophone Greeks" or"Slavo-Macedonians", I shall simply call them Macedonian minority242 European Commission against Racism and Intolerance, Third Report on Greece, available athttp://www.coe.int/t/E/human%5Frights/ecri/1%2DECRI/2%2DCountry%2Dby%2DCountry%5Fapproach/Greece/Greece_CBC_3.asp#P103_11509243 Greek Constitution, available at the website <strong>of</strong> the Greek Ministry <strong>of</strong> Justice,http://www.ministry<strong>of</strong>justice.gr/eu2003/constitution.pdf244 Id245 Article 5(1), Greek Constitution 1991246 Article 5(2) Greek Constitution 199147
- Page 1 and 2: INTERNATIONAL JOURNAL OF CIVIL SOCI
- Page 3 and 4: Letter from the EditorDear Readers,
- Page 5 and 6: TABLE OF CONTENTSIJCSL EDITORIAL BO
- Page 7 and 8: ARTICLESTHE ROLE OF THE ISLAMIC WAQ
- Page 9 and 10: ‘a bewildering array of the good,
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- Page 15 and 16: duty.’ 55 In contrast to zakāt,
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- Page 19 and 20: avoiding the appearance of impiety,
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- Page 23 and 24: partisan judiciary, a vigilant pres
- Page 25 and 26: number of awqaf for myriad public p
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- Page 29 and 30: prescribed by law. 159 Like the 192
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- Page 33 and 34: VIII. REFERENCESA. Articles/BooksAh
- Page 35 and 36: Meidinger, Errol E, ‘Environmenta
- Page 37 and 38: STUDENT ARTICLESINTERNATIONAL INSTR
- Page 39 and 40: interest for the Balkan, minorities
- Page 41 and 42: dimension is emphasized with Articl
- Page 43 and 44: The Copenhagen document deals with
- Page 45: Historically, the 1946 Constitution
- Page 49 and 50: This position by the Greek governme
- Page 51 and 52: a member of the civil state, entitl
- Page 53 and 54: Civilization" with headquarters in
- Page 55 and 56: term "vinozhito"(rainbow) could pos
- Page 57 and 58: declare the party as unconstitution
- Page 59 and 60: The cases analyzed below, exemplify
- Page 61 and 62: ECHR, and based upon this analysis,
- Page 63 and 64: Jabuka in particular, recognized as
- Page 65 and 66: the minority still face problems in
- Page 67 and 68: BibliographyBooks:BLACK’S LAW DIC
- Page 69 and 70: Vlassis Vlassidis, Veniamin Karakos
- Page 71 and 72: THE DIFFERING TAX TREATMENT OF INVE
- Page 73 and 74: …any person who, for compensation
- Page 75 and 76: the assets under management. 437 Th
- Page 77 and 78: As a preliminary matter, a taxpayer
- Page 79 and 80: Commissioner further summarized the
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- Page 87 and 88: Policy ConsiderationsIn light of th
- Page 89 and 90: more advantageous to address altern
- Page 91 and 92: STUDENT NOTESBUILDING CONSUMER CAPA
- Page 93 and 94: CASE NOTESC A N A D I A N S U P R E
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objective of ensuring safety in sch
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Turning to its impact on courts and
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tribunals to ensure that an appropr