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Article 19
88.
This article provides for the possibility of limitations, restrictions or derogations. When
the undertakings included in this framework Convention have an equivalent in other
international legal instruments, in particular the ECHR, only the limitations, restrictions or
derogations provided for in those instruments are allowed. When the undertakings set forth in
this framework Convention have no equivalent in other international legal instruments, the only
limitations, restrictions or derogations allowed are those which, included in other legal
instruments (such as the ECHR) in respect of different undertakings, are relevant.
SECTION III
Article 20
89.
Persons belonging to national minorities are required to respect the national constitution
and other national legislation. However, this reference to national legislation clearly does not
entitle Parties to ignore the provisions of the framework Convention. Persons belonging to
national minorities must also respect the rights of others. In this regard, reference may be made
to situations where persons belonging to national minorities are in a minority nationally but form
a majority within one area of the State.
Article 21
90.
This provision stresses the importance of the fundamental principles of international law
and specifies that the protection of persons belonging to national minorities must be in
accordance with these principles.
Article 22
91.
This provision, which is based on Article 60 of the ECHR, sets out a well-known
principle. The aim is to ensure that persons belonging to national minorities benefit from
whichever of the relevant national or international human rights legislation is most favourable to
them.
Article 23
92.
This provision deals with the relationship between the framework Convention and the
Convention for the Protection of Human Rights and Fundamental Freedoms, reference to which
is included in the Preamble. Under no circumstances can the framework Convention modify the
rights and freedoms safeguarded in the Convention for the Protection of Human Rights and
Fundamental Freedoms. On the contrary, rights and freedoms enshrined in the framework
Convention which are the subject of a corresponding provision in the Convention for the
Protection of Human Rights and Fundamental Freedoms must be interpreted in accordance with
the latter.