ACFC/44DOC(2012)001 rev PART I INTRODUCTION 1. In view of the central importance of linguistic rights for the effective protection of all rights of persons belonging to national minorities and the importance of language as an expression of individual and collective identity, the Advisory Committee on the Framework Convention for the Protection of National Minorities is devoting its Third Thematic Commentary to the linguistic rights of persons belonging to national minorities. 2. The Framework Convention requires states to promote full and effective equality for persons belonging to national minorities in all areas of economic, social, political and cultural life. This implies the right to equal protection through law and before the law and the right to be protected against all forms of discrimination based on ethnic origin and other grounds, including language. Full and effective equality also implies the need for the authorities to take special measures in order to overcome past or structural inequalities and to ensure that all persons, including those belonging to a national minority, have equal opportunities. In addition, the Framework Convention includes an obligation for States Parties “to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage”.1 3. Although the Framework Convention protects the rights of individual persons belonging to national minorities, the enjoyment of certain rights has a collective dimension.2 In fact, some rights, including the right to use a minority language in public, can be effectively enjoyed only in community with others. While nearly all minority rights are interlinked, this is especially the case of language rights. Language being a central form of expression and communication, the protection of linguistic rights must be guaranteed in connection with other rights, including, inter alia the right to education, access to the media, and participation in cultural, social and economic life and in public affairs. 4. The Commentary focuses first on the key importance of language rights for the preservation of a person’s identity or identities (Part II - Articles 3 and 5 of the Framework Convention). Part III explores language rights with regard to the equally central principles of non-discrimination and the promotion of full and effective equality (Articles 4 and 6 of the Framework Convention). Parts IV to VII of the Commentary then cover relevant clusters of linguistic rights concerning media, public and private use of languages, education and effective participation (Articles 9 – 17 of the Framework Convention). 5. Following a close comparative and analytical reading of the Opinions adopted by the Advisory Committee so far, the Commentary presents its key findings on language rights as developed in its country-specific first, second and third-cycle Opinions. 3 It is thus based on the close monitoring of the implementation of the Framework Convention in the States Parties since 1998, and builds on two previous thematic commentaries adopted by the Advisory Committee: the First Thematic Commentary on Education under the Framework Convention of 2 March 2006,4 and the Second Thematic Commentary on the Effective Participation of 1 See Article 5 paragraph 1 of the Framework Convention. See also Article 3 paragraph 2 of the Framework Convention: “Persons belonging to national minorities may exercise the rights and enjoy the freedoms flowing from the principles enshrined in the present framework Convention individually as well as in community with others”. This joint exercise of the rights and freedoms is, according to paragraph 37 of the Explanatory Report, H(1995)010, February 1995, distinct from the notion of collective rights. 3 The Commentary makes frequent reference to first, second or third cycle country-specific Opinions where particular findings were made. These references are illustrative only. Efforts have been made to provide a broad view of findings made in the different States Parties. However, as language rights are not an issue everywhere, only 34 out of the 39 States Parties are referred to. 4 See ACFC First Commentary on Education under the Framework Convention for the Protection of National Minorities, ACFC/25DOC(2006)002, adopted on 2 March 2006, www.coe.int/minorities. 2 3