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Paragraph 1
48.
Paragraph 1 stresses a spirit of tolerance and intercultural dialogue and points out the
importance of the Parties’ promoting mutual respect, understanding and co-operation among all
who live on their territory. The fields of education, culture and the media are specifically
mentioned because they are considered particularly relevant to the achievement of these aims.
49.
In order to strengthen social cohesion, the aim of this paragraph is, inter alia, to promote
tolerance and intercultural dialogue, by eliminating barriers between persons belonging to
ethnic, cultural, linguistic and religious groups through the encouragement of intercultural
organisations and movements which seek to promote mutual respect and understanding and to
integrate these persons into society whilst preserving their identity.
Paragraph 2
50.
This provision is inspired by paragraph 40.2 of the Copenhagen Document of the CSCE.
This obligation aims at the protection of all persons who may be subject to threats or acts of
discrimination, hostility or violence, irrespective of the source of such threats or acts.
Article 7
51.
The purpose of this article is to guarantee respect for the right of every person belonging
to a national minority to the fundamental freedoms mentioned therein. These freedoms are of
course of a universal nature, that is they apply to all persons, whether belonging to a national
minority or not (see, for instance, the corresponding provisions in Articles 9, 10 and 11 of the
ECHR), but they are particularly relevant for the protection of national minorities. For the
reasons stated above in the commentary on the preamble, it was decided to include certain
undertakings which already appear in the ECHR.
52.
This provision may imply for the Parties certain positive obligations to protect the
freedoms mentioned against violations which do not emanate from the State. Under the ECHR,
the possibility of such positive obligations has been recognised by the European Court of
Human Rights.
53.
Some of the freedoms laid down in Article 7 are elaborated upon in Articles 8 and 9.
Article 8
54.
This article lays down more detailed rules for the protection of freedom of religion than
Article 7. It combines several elements from paragraphs 32.2, 32.3 and 32.6 of the CSCE
Copenhagen Document into a single provision. This freedom of course applies to all persons and
persons belonging to a national minority should, in accordance with Article 4, enjoy it as well.
Given the importance of this freedom in the present context, it was felt particularly appropriate
to give it special attention.