A/HRC/7/23/Add.2 page 6 protection of a minority’s survival, through combating violence against them and preventing genocide; (b) the protection and promotion of the cultural identity of minority groups and the right of national, ethnic, religious or linguistic groups to enjoy their collective identity and to reject forced assimilation; (c) the guarantee of the rights to non-discrimination and equality, including ending structural or systemic discrimination and the promotion of affirmative action when required; and (d) the guarantee of their right to effective participation of members of minorities in public life, especially with regard to decisions that affect them. The current report is based upon analysis of these four areas of concern as they relate to France. I. LEGAL AND POLITICAL CONTEXT A. Recognition of minorities in France 7. France does not recognize the concept of minority rights and the official recognition of minority groups or collective rights is considered incompatible with the French Constitution and the principles of the Republic, which give priority to individual rights, equality, unity and universalism. In France’s 2007 report to the Committee on Economic, Social and Cultural Rights, the Government states: “Under the French Constitution, the nation is defined as being composed of persons with equal rights: ‘France is an indivisible, secular, democratic and social Republic. It guarantees equality of all citizens before the law without distinction as to origin, race or religion’ (art. 2). It follows from the French position that minorities are not recognized as holders of collective rights, but this position does not prevent the public manifestation or expression of diversity.” 8. Successive French Governments have maintained the position that there should be no official acknowledgement of the ethnic, religious or cultural characteristics of citizens, despite the recommendations of European and United Nations anti-discrimination bodies. France attached a reservation to article 27 of the International Covenant on Civil and Political Rights and to article 30 of the Convention on the Rights of the Child relating to the rights of minorities.2 France has not ratified the Council of Europe’s Framework Convention for the Protection of National Minorities or the European Charter for Regional or Minority Languages. As a United Nations Member State, France is required to observe and conform to the provisions of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by consensus in 1992. 9. As stated in her initial report,3 the independent expert supports the view that the existence of minorities and the determination of which groups constitute minorities does not lie with the State alone, but is dependent on a range of both objective and subjective criteria, in accordance 2 The French reservation attached to both article 27 of the International Covenant on Civil and Political Rights and article 30 of the Convention on the Rights of the Child states that: “The Government of the Republic declares that, in the light of article 2 of the Constitution of the French Republic, article 27 (article 30 in the case of ICRC) is not applicable so far as the Republic is concerned.” 3 E/CN.4/2006/74.