Regional systems 109 Framework Convention for the Protection of National Minorities The Framework Convention for the Protection of National Minorities is the first legally binding multilateral instrument devoted to the protection of minorities and is regarded as setting forth the most comprehensive international standards in the field of minority rights thus far. It entered into force in 1998 and has been ratified by 39 States.131 As the title indicates, the Framework Convention seeks to ensure that the signatory States respect the rights of national minorities; undertake to combat discrimination; promote equality; preserve and develop the culture and identity of national minorities; guarantee certain freedoms in relation to access to the media, minority languages and education; and encourage the participation of national minorities in public life. The Framework Convention may be ratified by member States of the Council of Europe, and non-member States may join at the invitation of the Committee of Ministers. Commitment to accession to the Convention is regularly required of States applying for membership in the Council of Europe. The substantive provisions of the Convention Article 4.1 of the Framework Convention proclaims the fundamental principles of nondiscrimination and equality. Article 4.2 makes it clear that State obligations may also require positive measures on the part of the State and not merely abstention from discrimination. States are to adopt, “where necessary”, measures to promote “full and effective equality between persons belonging to a national minority and those belonging to the majority”, taking “due account of the specific conditions” of national minorities. Article 4.2 is a key provision, since it provides the basis for the succeeding provisions which spell out in greater detail the measures that States should take in specific areas. Article 4.3 clarifies that any measures taken to promote effective equality are not to be considered themselves as discrimination. Article 15 provides that “The Parties shall create the conditions necessary for the effective participation of persons belonging to national minorities in cultural, social and economic life and in public affairs, in particular those affecting them”. The remaining substantive provisions of the Framework Convention cover a wide range of issues. States agree to: • Promote the conditions necessary for minorities to maintain and develop their culture and identity (art. 5); • Encourage tolerance, mutual respect and understanding among all persons living on their territory (art. 6); • Protect the rights to freedom of assembly, association, expression, thought, conscience and religion (arts. 7, 8 and 9); • Facilitate access to mainstream media and promote the creation and use of minority media (art. 9); • Recognize the right to use a minority language in private and in public and to display Albania, Armenia, Austria, Azerbaijan, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, Georgia, Germany, Hungary, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Malta, Montenegro, the Netherlands, Norway, Poland, Portugal, the Republic of Moldova, Romania, the Russian Federation, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Ukraine, and the United Kingdom of Great Britain and Northern Ireland. 131