ACFC/56DOC(2016)001
Part V
Framework Convention rights applying to all persons
50.
A number of articles of the Framework Convention apply to all persons on the
territory of states parties, including those not belonging to national minorities, either
explicitly or by implication through their specific link with provisions that are applicable to
all.
1.
Protection against discrimination – Article 6
51.
Article 6 of the Framework Convention explicitly applies to “all persons” living in the
territory of states parties. Its protection extends into two areas: firstly, effective measures
must be taken to promote mutual respect, understanding and co-operation among all
persons irrespective of their ethnic, cultural, linguistic or religious identities. Secondly, all
persons must be protected against discrimination based on those aspects of their identities.
52.
The Advisory Committee has consistently underlined this broad application of
Article 6 as the lack of respect for or ill-treatment of migrants, asylum seekers, refugees
and/or other individuals who are, for whatever reason, considered to be different from the
majority population, may prompt a general environment of fear. This may entice persons
belonging to minorities to strive for conformity rather than for the active enjoyment of their
rights. Based on Article 6, the Advisory Committee has also evaluated the implementation of
the Framework Convention in states parties where, according to the authorities, no persons
belonging to national minorities reside.79 This has allowed the Advisory Committee to
engage in comprehensive discussions with state authorities on “measures taken in
pursuance of their general integration policies”.80
a) Promotion of mutual respect and intercultural dialogue
53.
Some states parties have argued against the relevance of societal cohesion and
broader concepts of tolerance and respect for diversity in the protection of national
minorities. The Advisory Committee has consistently held, however, that an exclusive view
that separates the issue of traditional minority protection from broader questions
surrounding the integration of society does not do justice to the aim and purpose of the
Framework Convention but rather hinders the enjoyment of the rights of persons belonging
to national minorities.81 In fact, the promotion of tolerance and openness towards diversity
in society is essential not only for the development and implementation of successful
integration strategies, but it is also a central precondition for persons belonging to national
minorities to self-identify as such without hesitation and proactively claim the rights
contained in the Framework Convention.
54.
Openness and tolerance in society can only be genuine if they are not limited to
certain predefined groups but embrace everyone. The Advisory Committee therefore
considers questions surrounding the formulation and implementation of effective
integration strategies as one of its important concerns. Integration strategies are being
developed in many European states today, chiefly in order to address the situation of often
large communities of immigrants, some second and third generation, who share linguistic
79. See, for instance, Fourth Opinion on Liechtenstein or Third Opinion on Malta.
80. See Article 5(2) of the Framework Convention.
81. Broader concerns related to the integration of society and effective mechanisms regarding protection from
discrimination have also consistently been raised in Council of Europe Committee of Ministers’ resolutions on
the implementation of the Framework Convention, such as, inter alia, in the Fourth Resolution on Denmark,
the Third Resolution on Estonia, the Fourth Resolution on Germany, and the Third Resolution on Malta.
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