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Paragraph 1
34.
Paragraph 1 firstly guarantees to every person belonging to a national minority the
freedom to choose to be treated or not to be treated as such. This provision leaves it to every
such person to decide whether or not he or she wishes to come under the protection flowing
from the principles of the framework Convention.
35.
This paragraph does not imply a right for an individual to choose arbitrarily to belong to
any national minority. The individual’s subjective choice is inseparably linked to objective
criteria relevant to the person’s identity.
36.
Paragraph 1 further provides that no disadvantage shall arise from the free choice it
guarantees, or from the exercise of the rights which are connected to that choice. This part of the
provision aims to secure that the enjoyment of the freedom to choose shall also not be impaired
indirectly.
Paragraph 2
37.
Paragraph 2 provides that the rights and freedoms flowing from the principles of the
framework Convention may be exercised individually or in community with others. It thus
recognises the possibility of joint exercise of those rights and freedoms, which is distinct from
the notion of collective rights . The term “others” shall be understood in the widest possible
sense and shall include persons belonging to the same national minority, to another national
minority, or to the majority.
SECTION II
Article 4
38.
The purpose of this article is to ensure the applicability of the principles of equality and
non-discrimination for persons belonging to national minorities. The provisions of this article
are to be understood in the context of this framework Convention.
Paragraphs 1 and 2
39.
Paragraph 1 takes the classic approach to these principles. Paragraph 2 stresses that the
promotion of full and effective equality between persons belonging to a national minority and
those belonging to the majority may require the Parties to adopt special measures that take into
account the specific conditions of the persons concerned. Such measures need to be “adequate”,
that is in conformity with the proportionality principle, in order to avoid violation of the rights of
others as well as discrimination against others. This principle requires, among other things, that
such measures do not extend, in time or in scope, beyond what is necessary in order to achieve
the aim of full and effective equality.