In addition, if a policy or a rule is formally neutral but has a disproportionate impact on a minority community, or on persons belonging to national minorities, it is regarded as indirect discrimination unless the policy or rule is objectively justified by a legitimate aim and the means of achieving that aim are appropriate and necessary. States should adopt legislation and other measures not only to prevent direct and indirect discrimination but also adopt legislation and other measures to promote full and effective equality between persons belonging to national minorities and those belonging to the majority in all areas of economic, social, political and cultural life. Such legislation and other measures should also result in full and effective equality in access to justice for minorities and the majority alike. Differential treatment may be required to achieve equality. This is justified by the aims of preventing or compensating for disadvantages suffered by persons belonging to national minorities, tackling systemic discrimination against persons belonging to national minorities or facilitating the integration of society. As long as such positive measures conform to the principle of proportionality which requires, among others, that they do not extend, in time and scope, beyond what is necessary to achieve the aim of full and effective equality, they are not to be considered acts of discrimination.10 In this context, positive measures (such as the adoption of secondary legislation or the allocation of sufficient resources) to ensure full and effective equality in access to justice for persons belonging to national minorities may not only be acceptable but may even be required, depending on the specific conditions of the minorities concerned. States should, for instance, remove any procedural obstacles (including in civil and administrative law) that disproportionally prevent access to justice for national minorities, such as excessive formal requirements or unnecessarily complex procedures that can lead to serious and well-grounded court cases being declared inadmissible. Short statutes of limitations or high court fees should also be reviewed if they prevent persons from minority communities who are suffering from socioeconomic disadvantage from pursuing cases. Legal standing — meaning who is entitled to initiate legal proceedings — should be defined in a way that guarantees the effective protection of rights for persons belonging to national minorities.11 10 11 12 Council of Europe (1994) Framework Convention for the Protection of National Minorities, articles 4, 6 and 15; Council of Europe (1994) Explanatory Report of the Framework Convention on National Minorities, paragraph 39; European Union (2000) Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, article 5. A good illustration of such measures can be found in OSCE (2003) Decision No. 566 Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area, section III. Legal standing — meaning who is entitled to initiate legal proceedings — should be defined in a way which does not exclude persons, often members of national minorities, who may have trouble proving their identity due to a lack of official documentation. The Graz Recommendations on Access to Justice and National Minorities