ACFC/56DOC(2016)001
exercise these rights.18 Such individual decisions must, however, not result in disadvantages
for other individuals identifying with the same minority by precluding them from claiming
their minority rights. In this context, the Advisory Committee has reiterated its view that any
numerical thresholds established as a precondition for the applicability of certain minority
rights must be interpreted flexibly (see also paragraph 82). Otherwise, an indirect obligation
to self-identify would be placed on persons belonging to national minorities in order to
ensure that access to a specific right is maintained. At the same time, the individual decision
to identify or not to identify with a particular minority must be respected by others who
affiliate themselves with the same group and who equally must not exert pressure one way
or the other.
13.
The right to free self-identification also extends to multiple affiliations. In fact, the
Framework Convention implicitly acknowledges multiple affiliations by promoting the
preservation of minority identities in parallel to successful and effective integration in
broader public life. Persons belonging to national minorities should never be obliged to
choose between preserving their minority identity or claiming the majority culture, as both
options must be fully available to them.19 This implies that practices by which an individual
affiliates with a particular minority should not be seen as exclusive, as he or she may
simultaneously identify with other minorities or with the majority.20 In some instances, such
a choice may be the consequence of previous assimilation processes into the majority or into
another dominant minority. However, this must not be used as an argument against the
rights of persons belonging to national minorities to self-identify freely and to claim minority
protection.
14.
The Advisory Committee has further called on states parties to ensure that all
persons and groups who may benefit from the Framework Convention are made aware and
enabled to avail themselves of the right to self-identify freely in order to access the rights
contained in the Framework Convention. This is the case when the choice of affiliating with a
minority is not made difficult in practice and when it is assured that the choice is made free
of fear of resulting disadvantages or of loss in social prestige.
2.
Free self-identification in the context of census and other general data collection
processes
15.
In countries where data on national, ethnic or religious affiliation are collected in the
context of broader population census exercises, such exercises must be organised and
conducted in line with internationally recognised principles, including personal data
protection standards.21 It follows further from the right to free self-identification that any
18. Persons belonging to national minorities may for instance take an informed decision to enrol their children
in mainstream schools without suffering any disadvantages in terms of access to other minority rights as a
result, and without such a decision having an impact on the general availability of minority language education
to other members of the same group.
19. See also First and Third Thematic Commentaries (footnotes 2 and 4).
20. This may for instance occur in mixed families where several languages are spoken on an equal basis.
21. In the context of population census exercises, the Advisory Committee has encouraged states parties to
adhere to the EUROSTAT/UN recommendations for the organisation of population and housing censuses. See
Conference of European Statisticians Recommendations for the 2010 Censuses of Population and Housing,
prepared in co-operation with the Statistical Office of the European Communities (EUROSTAT) and the United
Nations Economic Commission for Europe, paragraph 426: “respondents should be free to indicate more than
one ethnic affiliation or a combination of ethnic affiliations if they wish so”, paragraph 431: “Questions will
generally refer to one language only. Multiple languages may be required for the mother tongue and main
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