ACFC/56DOC(2016)001
instance, have been considered in the context of the education rights under the Framework
Convention.
47.
The Advisory Committee has emphasised in this context that the same protective
measures that are applied in minority-language schools, such as the requirement of fewer
pupils per class, should also apply to state schools that teach in the official language in
otherwise minority-language dominated areas.72 Furthermore, the Advisory Committee has
considered that other groups which enjoy special protection but are not recognised as
national minorities may, in addition, benefit from the protection of the Framework
Convention.73 In some contexts, it has also noted that extending the protection of the
Framework Convention on a case-by-case basis to persons belonging to the constituent
peoples who live in a minority situation could provide an additional tool for promoting their
access to rights and addressing the issues they are faced with, without implying a weakening
of their status. Indeed, the applicability of minority rights to them is considered by the
Advisory Committee as fully in line with the objective and aim of the Framework
Convention.74
48.
In addition, the Advisory Committee has emphasised that the protection offered by
the Framework Convention also extends to persons belonging to indigenous peoples without
this having an effect on their status as members of indigenous peoples. Specific rights may
be applicable to them, whether or not they are formally recognised as a national minority,
and without implying recognition as a national minority.75 This means that individuals are
free to avail themselves, beyond the rights they hold as members of indigenous groups, of
the protection under the Framework Convention, or to refuse to do so. This has been
particularly relevant with respect to the rights contained in Article 5 of the Framework
Convention where the Advisory Committee has held that the protection from assimilation
also implies that affected individuals must be supported in their efforts to adjust their
traditional practices to contemporary challenges, or to engage in economic activities in order
to be able to preserve their culture.76
49.
As regards disputed territories or regions of states parties to the Framework
Convention that are de facto outside the control of the authorities, the Advisory Committee
observes that the applicability of the rights contained in the Framework Convention is not
altered as a result of the change in de facto authority. On the contrary, the rights of persons
belonging to national minorities remain in force and often gain a particular urgency in times
of conflict.77 International access and the continuation of regular monitoring activities,
however, are deeply affected if not entirely stalled by such territorial disputes. The Advisory
Committee has repeatedly called on all parties to take a constructive approach in line with
72. See Third Opinions on Estonia and Lithuania.
73. See, for instance, Fourth Opinion on Spain with respect to speakers of Catalan, Basque and Galician, namely
languages with co-official or protected status. The Advisory Committee found here that language rights can
particularly benefit speakers of languages who live outside the designated areas.
74. See Third Opinion on Bosnia and Herzegovina.
75. The Norwegian Sami Parliament stated, for instance, that the Sami did not wish to be considered a national
minority as they wished to maintain their status as an indigenous people. The Advisory Committee, however,
considered that both protection schemes are not exclusive and may provide parallel benefits to individuals of
the group. See First and consecutive Opinions on Norway. See also consecutive Opinions on Denmark, Finland,
the Russian Federation and Sweden.
76. See, for instance, Third Opinion on the Russian Federation.
77. See also the Advisory Committee ad hoc report on the situation of national minorities in Ukraine,
April 2014.
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