The prohibition of assimilation against one’s will means that nobody can be
forced to declare his/her identity. If this is declared, the choice should be open
and not limited to closed lists of identities.29 This does not imply that any chosen
identity can necessarily claim recognition. Objective criteria, relevance and other
factors need to be taken into account, and some aspects may fall under a State’s
margin of appreciation. In addition to prohibiting forced assimilation, States should
also acknowledge that other, more subtle and less evident forms of “creeping
assimilation” may lead to assimilation against the will of an individual, such as
societal pressures, hierarchies between different ethnicities, prejudices and the like,
which may be exercised by non-State as well as State actors.
While any form of assimilation that one has not chosen – even indirect and
involuntary – is prohibited, the principle of freedom of choice implies that consciously
chosen assimilation has to be allowed and may not be either stigmatized or subtly
discouraged by majorities or minorities. This means that the State is also responsible
for creating an environment in which individuals can make such a choice freely and
at any time.
Non-isolationist approach to minority issues
7. Since some minority rights are meaningful only when exercised in community
with others, this may result in a degree of distinction from other groups in
society in certain contexts. Nevertheless, isolation or excessive separation
may weaken cross-community links and undermine the cohesiveness of
society.
As mentioned above,30 some minority rights are individual rights that are only
meaningful when enjoyed and exercised in community with others31. This is the
case for many language and cultural rights, as well as rights related to education,
participation, religion and association, among others. The sense of belonging to
certain communities, whether a minority or majority one, can strengthen community
bonds and solidarity. Such a shared sense of community belonging is inherent
in minority rights and is necessary to protect and promote the rights of persons
belonging to minorities.
29
30
31
16
See Guideline 5.
Guideline 4.
FCNM, article 3(2) and paragraph 37 of the Explanatory Report.
Guidelines on Integration of Diverse Societies