Democratic governance requires separation of powers. In certain contexts, effective participation can be increased through such instruments as territorial or non-territorial devolution or power-sharing arrangements.8 Non-discrimination and effective equality 3. Non-discrimination and effective equality are not only foundational and cross-cutting principles; they are prerequisites for the effective contribution of all to the common good. The prohibition of discrimination entails equality before the law and equal protection under the law, and that obstacles to effective equality are removed. Ensuring effective equality in law and in fact also implies a positive obligation to adopt targeted policies and, where necessary, special measures. The prohibition of discrimination and the promotion of effective equality are principles expressed in international human rights instruments at both the universal9 and regional levels. At the regional level, the OSCE has affirmed the principles of non-discrimination and equality.10 With regard to minorities in particular, the enjoyment of minority rights without discrimination is contained in a number of documents.11 Notably, most OSCE participating States have incorporated these principles and standards in their constitutions. For Council of Europe member states, the European Convention on Human Rights (hereinafter: “ECHR”) explicitly prohibits discrimination on the grounds of association with a national minority in addition to prohibiting it on other related grounds, such as race, colour, language, religion and national or social origin.12 Non-discrimination on the grounds of, inter alia, racial and ethnic origin13 8 9 12 13 Lund Recommendations, Recommendations 14–20. See the 1948 Universal Declaration of Human Rights, articles 2 and 7; the ICCPR, articles 2, 26 and 27; the 1966 International Covenant on Economic, Social and Cultural Rights (hereinafter: “ICESCR”), article 2; and the 1965 International Convention on the Elimination of All Forms of Racial Discrimination (hereinafter: “ICERD”), article 1. In addition, the following instruments cover relevant protected grounds, such as race, colour, language (ICCPR and ICESCR), descent (ICERD), national or social origin (ICCPR and ICESCR), national or ethnic origin (ICERD) and religion (ICCPR and ICESCR), and are open-ended lists through their inclusion of “other status”. CSCE Helsinki Final Act, Principle VII; the 1989 Concluding Document of Vienna, paragraphs 13(7) and 13(8)); and the Copenhagen Document, paragraphs 5(9), 25(3) and 25(4). The UN Declaration on Minorities, article 2(1); and the Copenhagen Document, paragraph 31. In addition, the FCNM, article 4(1), specifically prohibits discrimination based on belonging to a national minority. ECHR, article 14 and Protocol 12. Treaty on the Functioning of the European Union (hereinafter: “TFEU”), article 19. 10 Guidelines on Integration of Diverse Societies 10 11