ACFC/56DOC(2016)001
Part VII
Minority rights with a specific scope of application
79.
Given the particular financial and administrative commitment required in order to
give effect to some language rights contained in the Framework Convention, states parties
may establish special conditions for their enjoyment.110 The right to use a minority language
in relations with local administrative authorities (Article 10(2)), the right to have
topographical indications and signposts also displayed in the minority language
(Article 11(3)), and the right to learn minority languages or receive instruction in minority
languages (Article 14(2)) therefore have a specific scope of application, in that their
availability may be limited to certain areas where persons belonging to national minorities
reside traditionally (see also paragraph 31) and/or in substantial numbers (see also
paragraph 34). In accordance with the express wording of the Framework Convention, the
right to use a minority language with local authorities must be guaranteed either in areas
where national minorities are settled in substantial numbers or in areas that are traditionally
inhabited by national minorities; one of the two alternatives suffices. However, an
accumulation of these two criteria, namely traditional settlement and substantial numbers,
may be required for the implementation of the right to display topographical signposts in
minority languages. Overall, the Advisory Committee has repeatedly encouraged states
parties also to promote the enjoyment of the rights contained in Articles 10(2), 11(3) and
14(2) in situations where the conditions are not formally met but where implementation
would serve to promote an open society, where multilingualism is encouraged as a reflection
of diversity.111
80.
Given the particular significance of language for the expression and preservation of
minority identity, as well as for promoting access to rights and social interaction,112 the
Advisory Committee has consistently recommended a flexible and context-specific approach
with respect to these conditions and in particular with respect to numerical thresholds. It
has purposefully refrained from proposing an acceptable threshold for the applicability of
minority rights because it considers that the specific context, history and conditions in the
state party must be considered on a case-by-case basis and in consultation with the
concerned minority representatives.
81.
It is important to underline that any threshold must be applied in a flexible manner
so that situations are avoided where a negligible decrease in the minority population or the
decision of some persons belonging to national minorities no longer to avail themselves of a
specific right, alter the accessibility of the right because a predetermined threshold is no
longer met. States parties are explicitly obliged to refrain from any measures, including
territorial reforms, which alter the proportions of the population in areas inhabited by
persons belonging to national minorities and aim to restrict access to minority rights.113 It is
therefore essential that the specific impact on national minorities and the use of minority
languages is taken into account in close consultation with national minority representatives
when reviewing administrative borders, as the creation of larger self-government units may
indeed result in certain thresholds no longer being met.
82.
In the view of the Advisory Committee, increased population mobility in all states
requires a careful and flexible approach with respect to numerical or territorial delimitations
110. See also Explanatory Report, paragraph 64.
111. See, inter alia, Third Opinion on Finland, Second Opinion on Latvia and Third Opinion on Lithuania.
112. See also Third Thematic Commentary (footnote 4).
113. See Article 16 of the Framework Convention.
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