ACFC/56DOC(2016)001
Part IV
Committee
1.
Context-specific article-by-article approach developed by the Advisory
Fundamental principles
39.
The Framework Convention contains a catalogue of rights in different spheres of
public life, ranging from individual freedoms, to media, language and education rights and
the right to effective participation. Given their different nature, the scope of application of
the various rights must be adjusted accordingly: the right to manifest one’s religion, for
instance, as also stipulated in Article 9 of the European Convention on Human Rights, must
be extended to all persons belonging to national minorities, while the right to display a
minority language on topographical signs may, for legitimate reasons, be made available
only under certain preconditions. Depending on the nature of the minority rights contained
therein, the scope of application of the Framework Convention must therefore be
established separately for each article, which is why, from its first monitoring cycle, the
Advisory Committee has referred to its article-by-article approach.68 Overall, the
implementation of the Framework Convention must always be based on the fundamental
principles contained in its Articles 3-6, which are interlinked and which must inform the
interpretation of the instrument as a whole.
40.
National minorities within one country typically vary in number and size, and they
may live compactly or be more or less dispersed throughout the territory. It is also important
to consider the diversity that exists within minorities as in any population group, including
on the basis of gender, sexual orientation, age, disability, religion, political beliefs or access
to economic resources. Accordingly, the priorities of minority communities and the
individual priorities of persons belonging to these communities often diverge. For some
persons belonging to minorities, the main priorities are equality and integration; for others,
it may be the quest for a protected space to maintain and promote their minority identity.
These priorities may further change over time, depending on the context, the political
climate and socio-economic conditions. It is the Advisory Committee’s view that the diversity
within and among national minorities must be acknowledged and respected in the
implementation of all minority rights, regardless of their specific nature.
41.
With respect to the obligation of states parties to promote the conditions for the
preservation and development of national minority cultures, this also implies that the term
‘minority culture’ must not be interpreted in a static, unitary or limiting sense. It is each
person belonging to a national minority who, in line with the right to free self-identification,
decides how he or she will practise the minority culture or identity. Accordingly, not only is
the right to preserve traditions protected but also the right to develop a minority culture in
line with broader societal evolution, and to form contemporary expressions of minority
identity.
42.
Equality considerations are essential for the promotion of all minority rights, not only
with respect to relations between national minorities and the majority but also, importantly,
regarding relations between the various minorities. In the view of the Advisory Committee,
the general equality principle is called into question when altogether different principles or
disproportionately different protection mechanisms are applied to the various minorities, or
when separate government bodies are responsible for the protection and promotion of their
68. See all First Opinions of the Advisory Committee.
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