ACFC/56DOC(2016)001
respective rights.69 While efforts to promote equal opportunities for all persons belonging to
national minorities must be tailored to the specific needs and situations of the various
groups in order to be effective, the basic approaches and rights standards that are applied
must be equal.
43.
Full equality cannot be effectively achieved when diversity as such is perceived
negatively or when only certain forms of diversity are accepted and tolerated. The Advisory
Committee has repeatedly criticised situations where hierarchies are created among the
various minorities and existing inequalities are reinforced through uneven attention and
support.70 In addition, an environment in which diversity is viewed as “alien” or “imported”
and rather disconnected from mainstream society does not offer the appropriate conditions
for the expression, preservation and development of minority cultures. Article 6 therefore
calls for deliberate efforts to foster a climate of mutual respect, understanding and cooperation where persons belonging to national minorities are recognised as integral
elements of society, who effectively enjoy equal access to rights and resources, while being
provided with opportunities for social interaction and inclusion across difference. Given its
purpose, as established by the Preamble, of promoting broader societal peace and stability
through the enhancement of minority rights, the Framework Convention has an immediate
relevance for the whole society.
44.
The Advisory Committee’s established position is that integration is a process of giveand-take and affects society as a whole. Efforts cannot therefore be expected only from
persons belonging to minority communities, but they must also be made by members of the
majority population.71 This is particularly relevant in distinguishing successful integration
from forced assimilation, which is explicitly prohibited in Article 5(2) of the Framework
Convention. While assimilation forces persons belonging to a minority to relinquish their
specific characteristics to blend into a society that is dominated by the majority, integration
requires both the majority and the minorities to mutually adapt and change through an
ongoing negotiation and accommodation process.
45.
In the view of the Advisory Committee, the above fundamental principles of the
Framework Convention contained in Articles 3-6 must be considered in the interpretation of
all further articles in order to ensure that the rights of persons belonging to national
minorities are effectively enjoyed.
2.
Practice
46.
In line with its article-by-article approach, the Advisory Committee has repeatedly
considered the application of the Framework Convention to persons who do not belong to
national minorities but live in a similar situation. Persons belonging to the majority
population who live in areas that are mainly inhabited by minority communities, for
69. In a variety of states, the protection of the rights of Roma is considered to be a socio-economic and
sometimes even a security issue. As a result, protection and promotion measures are frequently co-ordinated
separately from those related to other minority groups which may result in the application of different
standards. While the Advisory Committee values the specific attention that is paid to the particular socioeconomic disadvantages that many Roma face, it considers that these measures must be additional to other
minority rights’ protection measures, such as those related to the preservation of Roma cultures, languages
and traditions.
70. See, for instance, Third Opinion on Romania and Second Opinion on Georgia.
71. See, for instance, Third Opinion on Estonia. See also Third Thematic Commentary (footnote 4).
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