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CHAPTER XIV
THE EUROPEAN UNION
Summary: The Treaty on European Union states explicitly that the rights of persons belonging
to minorities are among the values upon which the Union is founded and which it is explicitly
committed to promote inside the Union and in its relations with the wider world. This chapter
identifies specific European Union (EU) initiatives regarding the rights of persons belonging to
minorities and explains how minority issues may be addressed in EU activities which promote
human rights in general. The European Union has put in place a legal framework to fight
discrimination, racism and xenophobia and contributes financially to programmes which support
activities aimed at combating these on the ground. The European Union raises minority issues
in its political dialogues with third countries and cooperates actively at United Nations forums
to promote and protect the rights of persons belonging to minorities. In addition, the European
Union uses a wide range of financial and technical cooperation instruments, including bilateral
cooperation with Governments and direct support to civil society, to promote and protect the
rights of persons belonging to minorities.
Treaty on European Union
According to the Treaty on European Union,153 “The Union is founded on the values of respect
for human dignity …, equality … and respect for human rights, including the rights of persons
belonging to minorities” (art. 2). Article 3 commits the Union to promote these values, combat
social exclusion and discrimination, respect its cultural and linguistic diversity, and ensure that
Europe’s cultural heritage is safeguarded and enhanced.
Article 6 states that the Union pursues its objectives according to the competences conferred
upon it in relevant treaties. This encompasses the rights, freedoms and principles set out in the
Charter of Fundamental Rights of the European Union.154 Article 21 of the Charter includes the
prohibition of discrimination on the basis of membership of a national minority.
The European Union and its bodies, as well as the member States when implementing EU law,
are bound by these provisions. However, this does not provide the European Union with powers
to adopt measures beyond those areas over which it has competence. In non-EU areas, it is up
to EU member States to ensure the protection of fundamental rights, through the application of
their own legislation and implementation of their international obligations.
Minorities in the European Union
In the European Union, too many persons belonging to minorities still face threats, discrimination
and racism. They are confronted with the risk of being excluded from fully taking part in the
economic, political, social and cultural life available to majorities in the countries or societies
in which they live. The Treaty on European Union gives the European Union powers to adopt
a number of instruments which contribute to the protection of the rights of persons belonging to
minorities. In applying these powers, the European Union has put in place a legal framework to
fight discrimination, racism and xenophobia and has contributed financially to programmes to
support activities aimed at combating these phenomena on the ground.
OJ 2008/C 115/13.
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OJ 2000/C 364/1.
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