The FCNM (Article 4) specifically prohibits discrimination based on belonging to a
minority in paragraph 1. Paragraph 2 also specifies that additional and adequate
measures may be required to promote the full and effective equality between persons belonging to minorities and those belonging to the majority. Such measures
need to be in conformity with the proportionality principle in order not to be considered discriminatory. This issue is further elaborated in Recommendation 10.
6. States should respect and promote the rights of persons belonging to national
minorities, including the right freely to express, preserve and develop their
cultural, linguistic or religious identity free from any attempts at assimilation
against their will.
Lessons from the past have shown that respect for minority rights is essential for
peace and stability within and between States. Persons belonging to minorities
have the right to maintain and develop their culture, and to preserve the essential
elements of their identity, namely their religion, language, traditions and cultural
heritage. This right can only be exercised if States abstain from any attempts to
assimilate minorities against their will.
International law affirms the obligation of States to promote the right of persons
belonging to minorities to maintain their identity by providing adequate opportunities to develop their culture, to use their language, to practice their religion and
to effectively participate in public affairs. This obligation is laid down in, inter alia,
the ICCPR (Article 27), in the 1960 UNESCO Convention against Discrimination
in Education (Article 5.1.c.), in the UN Declaration on Minorities (Articles 1, 2(2)
and 2(3)), in the CSCE Copenhagen Document (paragraphs 33 and 35) and in
the FCNM (Articles 5(1), 8 and 10-15). Specific recommendations and guidelines on the effective implementation of these rights have been published by the
HCNM, including in regard to education (The Hague Recommendations regarding the Education Rights of National Minorities, 1996), use of language (Oslo
Recommendations regarding the Linguistic Rights of National Minorities, 1998)
and effective participation in public life (Lund Recommendations on the Effective
Participation of National Minorities in Public Life, 1999).
7. States should promote the integration of society and strengthen social cohesion. This implies that persons belonging to national minorities are given an
effective voice at all levels of governance, especially with regard to, but not
limited to, those matters which affect them. Integration can only be achieved
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Recommendations on National Minorities in Inter-State Relations