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
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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.
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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.
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