ACFC/31DOC(2008)001 APPENDIX RELEVANCE OF OTHER ARTICLES OF THE FRAMEWORK CONVENTION FOR THE INTERPRETATION OF ARTICLE 15 Article 359 152. In its Article 3, the Framework Convention stipulates the right of persons belonging to national minorities to freely choose to be treated or not to be treated as such. Inclusion in the personal scope of application of the Framework Convention is important for the enjoyment of the minority rights contained in the Framework Convention, including the right to effective participation in all areas of life. In its examination of the personal scope of application of the Framework Convention, the Advisory Committee has consistently recommended that State Parties avoid arbitrary or unjustified exclusions from the protection of the Framework Convention and that they opt for an ‘inclusive’ approach. On many occasions, it has invited State Parties to review and consider extending the personal scope of application of the Framework Convention as circumstances have changed over time. Article 660 153. Article 6(1) of the Framework Convention invites State Parties to encourage ‘a spirit of tolerance and intercultural dialogue’ and promote ‘mutual respect and understanding’ among all persons living on their territory. As already mentioned above,61 effective participation of persons belonging to national minorities in various spheres of life is an important tool to enhance intercultural dialogue. 154. At the same time, the effectiveness of the participation of persons belonging to national minorities depends on the existence of a climate of mutual respect, tolerance and recognition in the society. It is therefore essential that State Parties take measures to encourage intercultural dialogue between the majority and minorities, as well as between various minorities and, more generally, among all persons living on their territory. In this context, the Advisory Committee has often stressed the importance of integration 59 3(1) Every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the right which are connected to that choice. 3(2) Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others. 60 6(1) The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons’ ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media. 6(2) The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity. 61 See paragraph 21. 38

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