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40.
No separate provision dealing specifically with the principle of equal opportunities has
been included in the framework Convention. Such an inclusion was considered unnecessary as
the principle is already implied in paragraph 2 of this article. Given the principle of
non-discrimination set out in paragraph 1 the same was considered true for freedom of
movement.
Paragraph 3
41.
The purpose of paragraph 3 is to make clear that the measures referred to in paragraph 2
are not to be regarded as contravening the principles of equality and non-discrimination. Its aim
is to ensure to persons belonging to national minorities effective equality along with persons
belonging to the majority.
Article 5
42.
This article essentially aims at ensuring that persons belonging to national minorities can
maintain and develop their culture and preserve their identity.
Paragraph 1
43.
Paragraph 1 contains an obligation to promote the necessary conditions in this respect. It
lists four essential elements of the identity of a national minority. This provision does not imply
that all ethnic, cultural, linguistic or religious differences necessarily lead to the creation of
national minorities (see in this regard the report of the CSCE meeting of experts, held in Geneva
in 1991, section II, paragraph 4).
44.
The reference to “traditions” is not an endorsement or acceptance of practices which are
contrary to national law or international standards. Traditional practices remain subject to
limitations arising from the requirements of public order.
Paragraph 2
45.
The purpose of paragraph 2 is to protect persons belonging to national minorities from
assimilation against their will. It does not prohibit voluntary assimilation.
46.
Paragraph 2 does not preclude the Parties from taking measures in pursuance of their
general integration policy. It thus acknowledges the importance of social cohesion and reflects
the desire expressed in the preamble that cultural diversity be a source and a factor, not of
division, but of enrichment to each society.
Article 6
47.
This article is an expression of the concerns stated in Appendix III to the Vienna
Declaration (Declaration and Plan of Action on combating racism, xenophobia, anti-Semitism
and intolerance).