ACFC/44DOC(2012)001 rev
other recommendations such as The Hague Recommendations Regarding the Education
Rights of National Minorities, have been carefully considered by the Advisory Committee.
Various instruments of the United Nations have also contributed to developing norms in the
field of linguistic rights, notably the Declaration on the Rights of Persons belonging to
National or Ethnic, Religious and Linguistic Minorities, as well as the Commentary of the
Working Group on Minorities to the Declaration, the Declaration on the Rights of Indigenous
Peoples, and relevant recommendations from the UN Minority Forum, in particular related to
education and participation. On a more general level, the International Convention on the
Elimination of all Forms of Racial Discrimination, the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the
Convention on the Rights of the Child have also been taken into account. The Advisory
Committee has also considered the practice of the European Commission against Racism and
Intolerance (ECRI), as well as - where relevant and applicable - the EU acquis on language
rights.
11.
The European Charter for Regional or Minority Languages has special relevance in the
field of language. While placing the emphasis on the obligation of the state to protect and
promote regional or minority languages as part of cultural heritage, rather than granting
linguistic rights to the speakers of these languages, the Charter represents a unique
international instrument of great importance in this field and plays a complementary role to
the Framework Convention. Significant similarities between the provisions of the Framework
Convention and the Charter can be found particularly in the detailed provisions of Part III of
the Charter. However, Part III applies only to those minority languages that the State Party
has specified at the time of ratification of the Charter. Moreover, States Parties enjoy a margin
of discretion in determining which of the Part III obligations, that are often more
comprehensive than the language rights contained in the Framework Convention, they will
undertake for each language. While the nature and scope of application of the two instruments
may thus diverge, the individual rights approach of the Framework Convention and the
broader approach to cultural protection and promotion contained in the Charter result in a
strengthening of the overall legal framework relevant for the protection of the linguistic rights
of persons belonging to national minorities.
12.
This Commentary is meant to serve as a comprehensive tool for States Parties to the
Framework Convention as well as for persons belonging to national minorities, civil society
and academia. While portraying the varying roles of language as a crucial and identifying
minority attribute on the one hand, and as an important tool for promoting full and effective
equality and integration of multicultural and linguistically diverse societies on the other hand,
this Commentary aims at reflecting the main challenges faced by persons belonging to
national minorities with regard to their language rights today. As such, it should be
understood as a living document whose interpretation will be developed as the monitoring
process under the Framework Convention evolves.
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