Framework Convention for the Protection of National Minorities (FCNM) and freedom
of religion
According to Article 8 of FCNM states have to recognise the right of persons belonging to
national minorities to manifest religion or belief. This provision may imply for States certain
positive obligations to protect the freedoms mentioned against violations which do not
necessary emanate from the State itself but from other groups.
The inclusion of a specific right to manifestation of religion among the substantive provisions
of FCNM highlights the essential role that the profession of religion plays in preserving a
minority group’s identity and tradition.
The monitoring of the implementation of Article 8 by the Advisory Committee has
highlighted that states should take steps to ensure that persons belonging to national
minorities are able to observe and practice their religion without discrimination and on an
equal footing with others residing in the state.
In certain cases, the Advisory Committee has required the adoption of comprehensive
legislation providing protection against religious discrimination and has called for the
prohibition of advocacy of religious hatred and incitement to religious intolerance. It also has
required specific measures to promote tolerance and understanding in the fields of education,
culture and media. The Advisory Committee has paid particular attention to the question of
registration of religious associations as well as the issue of restitution of religious property
confiscated.
Actually, the scope of the provision of Article 8 is even broad and include not only the right
to manifest one’s religion and belief, but also to establish and maintain religious institutions,
to practise one’s religion, including the acquisition, possession, uses of religions materials, to
conduct religious education and activities as religious ceremonies in minority language.
This right is ensured by the FCNM, but also to some extend be the European Charter for
Regional or Minority Languages ECRML).
The ECRML as potentially useful support in the protection of religious minorities.
The ECRML does not mention the religious minorities specifically, but being the unique
international convention protecting minority languages, it creates when appropriate necessary
basis for protection and promotion of such an important element of personal, and when it
coincide religious identity, which is language. It is to be specified that this convention is
applicable only to the minority languages traditionally used in a country, and clearly not
cover the languages of migrants. This treaty is open for ratification by the states which are
not member of the Council of Europe.