ACFC/44DOC(2012)001 rev PART II LANGUAGE RIGHTS AND IDENTITIES 13. Language is an essential component of individual and collective identity. For many persons belonging to national minorities, language is one of the main factors of their minority identity and identification. However, language, like identity, is not static but evolves throughout a person’s life. The full and effective guarantee of the right to use one’s (minority) language(s) implies that authorities allow free identification of persons through language, and abstain from constraining personal identities into rigid language categories. The choice of each person belonging to a national minority to choose freely to be treated or not to be treated as such, must be respected in line with Article 3.1 of the Framework Convention. This Chapter deals with the dimension of language rights that is linked to personal/individual identity and identities, and with the rights connected thereto. 1. LANGUAGE AND PERSONAL IDENTITIES 1.1. Inclusive approach 14. States party to the Framework Convention enjoy a margin of discretion in determining its personal scope of application. However, the designation as a national or linguistic minority must not lead to arbitrary or unjustified differentiation in the treatment of such groups.9 15. Requests have been made in several States Parties by groups who wish to be recognised as a national minority and to benefit from the protection of the Framework Convention. The Advisory Committee encourages the authorities concerned to pursue an open and inclusive approach and to consider extending the protection of the Framework Convention to groups that are not covered.10 The personal scope of application should, where appropriate, also extend to non-citizens, particularly where exclusion on grounds of citizenship may lead to unjustified and arbitrary distinctions, such as when such exclusion concerns stateless persons belonging to national minorities who permanently reside on a given territory.11 This is consistent with broader efforts at European level to develop a more nuanced approach to the application of the citizenship criterion in the protection of national minorities.12 1.2. Freedom of choice, multiple and situational affiliation 16. Article 3.1 of the Framework Convention stipulates that “every person belonging to a national minority shall have the right freely to choose to be treated or not to be treated as such and no disadvantage shall result from this choice or from the exercise of the rights which are connected to that choice”. Respect for the principle of free self-identification is thus of paramount importance in the interpretation and implementation of the Framework Convention.13 While language is generally perceived as an essential marker of identity, language competence or lack thereof, as well as the mere use of a language, must not automatically be linked to affiliation with a particular group.14 Conversely, the enjoyment of 9 See, for instance, Second Opinion on Poland; First Opinion on Albania. First Opinion on Bosnia and Herzegovina; Second Opinion on Croatia. 11 See, for instance, Second Opinion on the Russian Federation; Third Opinion on Croatia. 12 See also Venice Commission, Report on Non-Citizens and Minority Rights, CDL-AD(2007)001, 18 January 2007, adopted by the Venice Commission at its 69th plenary session on 15 – 16 December 2006. 13 See also ACFC First Thematic Commentary on Education. 14 While persons belonging to national minorities may often affiliate themselves with a particular minority based on linguistic criteria, this Commentary does not discuss the rights of persons belonging to linguistic minorities but rather the linguistic rights of persons belonging to national minorities. 10 6