ACFC/44DOC(2012)001 rev Persons Belonging to National Minorities in Cultural, Social and Economic Life and in Public Affairs of 27 February 2008.5 Valuable input has also been collected from national minority and civil society representatives, 6 academics and other interlocutors, including in the course of broader consultations held in the final drafting process. 6. The terminology used in the Commentary is in line with the flexible approach adopted by the Advisory Committee in its work so far. ‘Minority language’ within this Commentary thus means any of the different terms used by member states such as ‘language of the national minority’, ‘language used by the national minority’, ‘language of persons belonging to national minorities’, ‘native language’ or ‘mother tongue’.7 It does not imply official recognition as a ‘minority language’ by the authorities. 7. Increasing mobility and migration are current social phenomena that have also diversified means of communication. As a result, sociolinguistic approaches to the notion of language, which was long considered intimately linked to static concepts such as territory and belonging to a group, are changing as well. The Framework Convention is based on an individual rights approach. It is thus not focused on language itself, nor on a language community, but on the speakers. Their communicative repertoire, which may encompass a range of linguistic resources (standard and non-standard forms of languages, dialects, etc.) often develops throughout life as a result of interaction and mobility. 8. While states continue to play an essential role in defining the legal regime governing the use of languages, other entities are gaining momentum, such as local, regional or transnational bodies in which the functionality and prestige of languages are influenced by different actors. Unequal power relations between different groups of speakers may lead to social hierarchies that can also be reflected in language practices and political discourse on languages. This influences the way in which speakers of certain languages are perceived by others and, to some extent, perceive themselves. Language policies aiming at valuing linguistic resources at the individual and social level therefore also have to address the question of hierarchy in language and society, and the issue of unequal access to full participation in society. 9. The protection of national minorities and of the rights and freedoms of persons belonging to national minorities, as laid down by the Framework Convention, forms an integral part of the international protection of human rights.8 Hence, the right of every person belonging to a national minority to use freely and without interference his or her minority language, in private and in public, orally and in writing, as enshrined in Article 10.1 of the Framework Convention, also forms part of international human rights standards. 10. In addition to the Framework Convention, other international instruments are relevant for the protection of linguistic rights of persons belonging to national minorities and have been taken into account by the Advisory Committee when drafting this Commentary. They range from legally binding standards to recommendations and guidelines. Legally binding standards include those contained in the European Convention for the Protection of Human Rights and Fundamental Freedoms and the related case-law of the European Court of Human Rights, as well as the revised European Social Charter. In addition, the Oslo Recommendations regarding the Linguistic Rights of National Minorities, published by the OSCE High Commissioner on National Minorities, as well as the linguistic dimension of his 5 See ACFC Second Commentary on the Effective Participation of Persons belonging to National Minorities in Cultural, Social and Economic Life and in Public Affairs, ACFC/31DOC(2008)001, 5 May 2008, www.coe.int/minorities. 6 The term ‘minority representative’ throughout the text does not contain a legal notion but rather refers to advocates or spokespersons who have come forward to share their views. 7 The term ‘mother tongue’ does not necessarily imply an ethnic connotation but rather reflects the language that is freely chosen to be spoken at home, be it a minority or official language. 8 See Article 1 of the Framework Convention. 4