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27.
The reference to the relevant CSCE commitments reflects the desire expressed in
Appendix II of the Vienna Declaration that the Council of Europe should apply itself to
transforming, to the greatest possible extent, these political commitments into legal obligations.
The Copenhagen Document in particular provided guidance for drafting the framework
Convention.
28.
The penultimate paragraph in the Preamble sets out the main aim of the framework
Convention: to ensure the effective protection of national minorities and of the rights of persons
belonging to those minorities. It also stresses that this effective protection should be ensured
within the rule of law, respecting the territorial integrity and national sovereignty of States.
29.
The purpose of the last recital is to indicate that the provisions of this framework
Convention are not directly applicable. It is not concerned with the law and practice of the
Parties in regard to the reception of international treaties in the internal legal order.
SECTION I
Article 1
30.
The main purpose of Article 1 is to specify that the protection of national minorities,
which forms an integral part of the protection of human rights, does not fall within the reserved
domain of States. The statement that this protection “forms an integral part of the international
protection of human rights” does not confer any competence to interpret the present framework
Convention on the organs established by the ECHR.
31.
The article refers to the protection of national minorities as such and of the rights and
freedoms of persons belonging to such minorities. This distinction and the difference in wording
make it clear that no collective rights of national minorities are envisaged (see also the
commentary to Article 3). The Parties do however recognise that protection of a national
minority can be achieved through protection of the rights of individuals belonging to such a
minority.
Article 2
32.
This article provides a set of principles governing the application of the framework
Convention. It is, inter alia, inspired by the United Nations Declaration on Principles of
International Law concerning Friendly Relations and Co-operation among States in accordance
with the Charter of the United Nations (General Assembly Resolution 2625 (XXV) of 24
October 1970). The principles mentioned in this provision are of a general nature but do have
particular relevance to the field covered by the framework Convention.
Article 3
33.
This article contains two distinct but related principles laid down in two different
paragraphs.