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 17

Select target paragraph3