ACFC/56DOC(2016)001
its position that a person’s identification must be based on free self-identification, unless
there is a valid justification for not doing so (see paragraph 10).
38.
Moreover, caution must be applied in the use of externally defined markers, as they
are often based on presumptions. The categorisation of the minority as a static and
homogeneous group may reinforce stereotypes and does not pay adequate attention to the
broad diversity and intersectionality that exists within minorities, as within all groups (see
also paragraph 40). In some states parties, legislation makes reference to other externally
imposed criteria, such as “ethnic minority threatened by social exclusion” or “citizens in a
vulnerable socio-economic situation”,65 while in others, an affiliation with a particular
national minority may be presumed based on names.66 The Advisory Committee considers
such practices of association of persons with a specific group based, without consent, on
presumptions such as names, language, or visible features, as incompatible with Article 3(1)
and the right to free self-identification (see also paragraph 15).67
65. See, inter alia, Third Opinion on Bulgaria.
66. See, inter alia, First Opinion on Italy.
67. See Third Thematic Commentary (footnote 4).
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