Reliance on international treaties as a means of protecting minority rights: an effective strategy or waiting for nothing? The case of the Polish minority in Lithuania

ENThis article focuses on the legal and political impact of international minority rights treaties on the Polish minority in Lithuania. An analysis will be made as to whether and to what degree they have been followed by Lithuania, and, overall, whether they have been effective for the Polish minority in Lithuania. The possibility that they are more of a false promise will also be addressed, and whether or not reliance on international law – perhaps in conjunction with local political action within Lithuania – is a good strategy for Poles in Lithuania. In general, international law norms have not had a direct impact, at least as applied by various international tribunals and other bodies. Cases brought by ethnic Poles before the European Court of Justice, the European Court of Human Rights, and the U.N. Human Rights Committee have not yielded significant results. The Framework Convention for the Protection of National Minorities does directly address many of the issues raised by the Polish minority, but it is not enforceable absent enabling legislation. Yet, recent positive domestic legislation and case law in Lithuania have mitigated these concerns, suggesting that political mobilization, using international norms as a benchmark to be obtained, is much more effective than relying on international law on its own. Key words: Minority Rights, Discrimination, Language Rights, Political Action. [From the publication]

• 1939 : the year that changed everything in Lithuania’s history / Šarūnas Liekis. Amsterdam ; Rodopi, 2010. XIII, 386 p.
• Lithuanian Polish political party in Parliamentary Election 2016 in Lithuania / Gediminas Kazėnas. Political preferences. 2017, 14, p. 87-98.
• Pamirštos Paulio Hymanso derybos : Vilniaus krašto klausimas Briuselyje ir Ženevoje 1921 m. / Vilma Bukaitė. Lituanistica. 2018, Nr. 1, p. 14-27.
• Polish ethnic minority in Belarus and Lithuania: politics, institutions, and identities / Monika Frėjutė-Rakauskienė, Olga Sasunkevich, Kristina Šliavaite. Nationalities papers. 2021, Vol. 49, no. 6, p. 132-1149.
• Tautų rekonstrukcija : Lietuva, Lenkija, Ukraina, Baltarusija, 1569-1999 / Timothy Snyder ; vertė Rimantas Matulis. Vilnius : Mintis, 2009. 415 p.
• The Implementation of commitments regarding the Polish minority in Lithuania in the Council of Europe’s system / Jędrzej Błaszczak. Border and regional studies. 2020, 8, 3, p. 95-109.
• The Right to a name versus national identity in the context of EU Law: the case of Lithuania / Aistė Mickonytė. Review of Central and East European law. 2017, vol. 42, no. 4, p. 325-363.