Guidelines on the use of Minority Languages in the Broadcast Media
legitimate aim, and must exhibit a reasonable relationship of proportionality
between the differential treatment and the aim pursued. This principle is
discussed by the U.N. Human Rights Committee in its General Comment 18 on
Non-Discrimination (1989) and by the European Court of Human Rights
specifically in connection with linguistic rights in its seminal decision in the
Belgian Linguistics Case (judgment of 23 July 1968, Series A, No. 6).
The principle of non-discrimination includes the possible use of special and
concrete measures which are aimed at accelerating and achieving de facto
equality for persons belonging to national minorities. This concept appears
explicitly in Articles 1(4) and 2(2) of the 1965 International Convention on the
Elimination of All Forms of Racial Discrimination and Articles 3 and 4 of the
1979 Convention on the Elimination of All Forms of Discrimination Against
Women. In paragraph 31 of the Copenhagen Document, OSCE participating
States have committed to adopt, “where necessary, special measures for the
purpose of ensuring to persons belonging to national minorities full equality
with the other citizens in the exercise and enjoyment of human rights and
fundamental freedoms”. Article 4(1) of the U.N. Declaration on Minorities
similarly stipulates that States “shall take measures where required to ensure
that persons belonging to minorities may exercise fully and effectively all their
human rights and fundamental freedoms without any discrimination and in full
equality before the law”. Article 4(2) of the Framework Convention also
requires States Parties to adopt adequate measures in order to promote full and
effective equality for persons belonging to national minorities, in respect of
which due account shall be taken of their specific conditions. Article 7(2) of
the 1992 European Charter for Regional or Minority Languages (European
Language Charter) explicitly states that measures aimed at promoting the
equality of minority languages should not be considered discriminatory.
II.
POLICY
5)
OSCE participating States have undertaken to protect and create conditions
for the promotion of linguistic and other aspects of the identity of persons
belonging to national minorities on their territory (Copenhagen Document,
para. 33). The Framework Convention prescribes essentially the same
obligation in Article 5(1). Article 9(4) of the Framework Convention also
requires States Parties to adopt “adequate measures in order to facilitate access
to the media for persons belonging to national minorities and in order to
promote tolerance and permit cultural pluralism”. Article 7(1) of the European
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