ACFC/31DOC(2008)001
EXECUTIVE SUMMARY
Article 15 of the Framework Convention for the Protection of National Minorities
stipulates that State Parties “shall create the conditions necessary for the effective
participation of persons belonging to national minorities in cultural, social and economic
life and in public affairs, in particular those affecting them”.
The purpose of this Commentary is to set out the Advisory Committee’s interpretation of
the provisions within the Framework Convention relating to the effective participation of
persons belonging to national minorities, drawing on the Advisory Committee’s countryspecific Opinions adopted between 1999 and 2007. The Commentary aims to provide a
useful tool for State authorities and decision-makers, public officials, organisations of
minorities, non-governmental organisations, academics and other stakeholders involved
in minority protection.
While the Commentary primarily focuses on participatory mechanisms at the domestic
level, it is crucial that persons belonging to national minorities are also involved at all
stages of the monitoring and implementation process of international instruments, and in
particular the Framework Convention, in order to achieve a balanced and quality
outcome.
PARTICIPATION IN ECONOMIC AND SOCIAL LIFE
Effective participation of persons belonging to national minorities encompasses their
economic and social life as well as their engagement in the political and public sphere
Effective participation requires States not only to remove the barriers preventing
minorities’ equal access to economic sectors and social services, so as to establish equal
opportunities, but also demands that States promote their participation in the delivery of
benefits and outcomes.
Reliable and easily accessible data is an essential precondition for developing effective
measures to address socio-economic discrimination and encourage effective equality.
Therefore, State Parties should regularly collect up-to-date data on the socio-economic
and educational situation of persons belonging to national minorities in order to compare
it with the situation of the majority population. The collection of such data should be
made in accordance with international standards on personal data protection.
Effective participation in socio-economic life requires the existence of comprehensive
legislation prohibiting discrimination on ethnic grounds, by public and private actors.
This legislation should extend to employment, housing, health care and social protection.
It is also important that appropriate legal remedies are available in cases of
discrimination, and that particular attention is paid to multiple discrimination against
women belonging to national minorities.
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