A/50/514
English
Page 19
(c) In areas not covered by the special provisions, the Convention organs
have concluded a contrario that no right to the use of a particular language is
guaranteed by the Convention to citizens in their contacts with the authorities
for administrative proceedings in general, concerning the use of language in
municipal councils and social service assistance centres, and concerning the
language used for the registration of a minority party wishing to take part in
elections;
(d) In a case concerning alleged discrimination of Lapps as a minority in
Norway, the Commission again confirmed that the Convention does not guarantee
specific rights to minorities. It observed that the applicants had the right to
vote and stand for elections to the Norwegian Parliament but stressed that Lapps
have no secured representation for themselves. In further cases concerning
Lapps in Norway, the Commission recognized that a particular life-style of a
minority is protected by article 8 as being "private life", "family life" or
"home". The issue in this case was whether the construction of a hydroelectric
power station interfered with the lives of fishermen and reindeer breeders. The
Commission rejected the applicants’ complaints under article 14 as there was no
indication that they were treated in a manner which could be considered
discrimination, nor had they been forced to abandon their life-styles. The same
principle was subsequently repeatedly confirmed in cases concerning caravan
sites for Gypsies. In most cases, the contested measures were found to be in
conformity with the provision of article 8, paragraph 2. However, a breach of
the Convention was for the first time established by the Commission in its
report of 11 January 1995 on a case involving the United Kingdom which has
recently been referred to the Court;
(e) The Commission also considered cases where a cultural identity is
derived from the fact that the applicant belongs to a particular religious
group. The Commission approached these on a case-by-case basis in respect of
article 9, paragraph 2. An important distinction which is being made in this
respect is whether a particular practice is an essential part of the
manifestation of religion. Not every act influenced by a religion or belief is
recognized as a "practice" within the meaning of article 9 and, accordingly, the
protection of article 14 cannot be invoked. In a case in which the applicant
had sought to bring criminal charges in the United Kingdom against the author
and publisher of The Satanic Verses, the Court ruled that there was no
protection of Muslims against blasphemy against their religion by a publication
and that articles 9 and 14 were inapplicable. However, religious discrimination
contrary to article 14 can be invoked where another Convention right is at
issue. In another case involving Austria, the Court considered it as
discriminatory, invoking article 14 in conjunction with article 8, in a child
custody case to make a distinction between the parents on the ground of their
religion, i.e the possible effects on the social life of the children concerned
of their being associated with a particular religious minority (in this case,
Jehovah’s Witnesses). The Commission considered that it is incompatible with
the concept of a pluralist society to assume that members of a minority group
will automatically be socially marginalized;
(f) With regard to religious education, the Court in several cases
determined that States are required to provide for exemptions for children who
do not belong to the majority religion. The system of regulating access to
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