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given in the commentary on Article 4, paragraph 2 (see paragraph 39), which uses the same
words. The paragraph complements the undertaking laid down in the last sentence of Article 9,
paragraph 1. The measures envisaged by this paragraph could, for example, consist of funding
for minority broadcasting or for programme productions dealing with minority issues and/or
offering a dialogue between groups, or of encouraging, subject to editorial independence, editors
and broadcasters to allow national minorities access to their media.
Article 10
Paragraph 1
63.
The recognition of the right of every person belonging to a national minority to use his
or her minority language freely and without interference is particularly important. The use of the
minority language represents one of the principal means by which such persons can assert and
preserve their identity. It also enables them to exercise their freedom of expression. “In public”
means, for instance, in a public place, outside, or in the presence of other persons but is not
concerned in any circumstances with relations with public authorities, the subject of paragraph 2
of this article.
Paragraph 2
64.
This provision does not cover all relations between individuals belonging to national
minorities and public authorities. It only extends to administrative authorities. Nevertheless, the
latter must be broadly interpreted to include, for example, ombudsmen. In recognition of the
possible financial, administrative, in particular in the military field, and technical difficulties
associated with the use of minority languages in relations between persons belonging to national
minorities and the administrative authorities, this provision has been worded very flexibly,
leaving Parties a wide measure of discretion.
65.
Once the two conditions in paragraph 2 are met, Parties shall endeavour to ensure the use
of a minority language in relations with the administrative authorities as far as possible. The
existence of a “real need” is to be assessed by the State on the basis of objective criteria.
Although contracting States should make every effort to apply this principle, the wording “as far
as possible” indicates that various factors, in particular the financial resources of the Party
concerned, may be taken into consideration.
66.
The Parties’ obligations regarding the use of minority languages do not in any way affect
the status of the official language or languages of the country concerned. Moreover, the
framework Convention deliberately refrains from defining “areas inhabited by persons
belonging to national minorities traditionally or in substantial numbers”. It was considered
preferable to adopt a flexible form of wording which will allow each Party’s particular
circumstances to be taken into account. The term “inhabited ... traditionally” does not refer to
historical minorities, but only to those still living in the same geographical area (see also Article
11, paragraph 3, and Article 14, paragraph 2).