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representatives take part in shaping their image in the public media, the more the negative
effects of “misrecognition” and stereotyping can be reduced.99
5.
Language – Articles 10(1), 10(3), 11(1) and 11(2)
71.
The right to use one's language in public and in private, contained in Article 10(1) of
the Framework Convention, the right to use one's personal name in the minority language
and to have it officially recognised (Article 11(1)), and the right to put up signs of a private
nature in minority languages (Article 11(2)) carry a particular weight for the personal
identity, dignity and self-awareness of persons belonging to national minorities.100 The
Advisory Committee considers that, as such, they must be applicable to everyone and any
restrictions must be carefully reviewed to ensure that they do not infringe upon the personal
dignity and privacy of the individual.101 States may adopt laws aimed at strengthening and
protecting the state language. This legitimate aim, however, must be pursued in a manner
that is in line with the rights contained in Articles 10 and 11 and other relevant provisions of
the Framework Convention and its general spirit of encouraging tolerance and mutual
understanding within society. Laws and other measures that are aimed at promoting the
state or official languages must not, in particular, infringe on the private sphere of a person
but must be implemented in a way that respects the identities and the linguistic needs
present in society.
72.
Article 10(3), similarly to Articles 7 and 8, reflects the individual human right of being
promptly informed in a known language, if necessary through an interpreter, of the reasons
for an arrest and of the nature and cause of any accusation. According to the Explanatory
Report, the provision, which is based on guarantees contained in Articles 5 and 6 of the
European Convention on Human Rights, does not go beyond those safeguards. Thus, it does
not imply a right to legal process and trial in one’s minority language and applies to all
persons belonging to national minorities.
6.
Education – Articles 12(3), 14(1) and 14(3)
73.
According to Article 12(3), equal opportunities for access to education at all levels for
persons belonging to national minorities must be promoted.102 Given the particular link to
Article 4 and the general principle of equality, the Advisory Committee has consistently
encouraged a broad and inclusive approach, referring also to the United Nations Convention
on the Rights of the Child. Accordingly, the Advisory Committee has strongly condemned all
instances of segregated education and has urged states parties to take all necessary
measures to ensure equal access to integrated education for all children.103 In addition,
Article 14(1) makes provision for the right to learn one's minority language, while Article
14(3) stresses the right to learn or be taught in the official language or languages.
99. See also Third Opinion on Croatia.
100. For a comprehensive analysis and discussion of the Advisory Committee's findings on access to language
rights of persons belonging to national minorities, reference is made to its Third Thematic Commentary
(footnote 4).
101. See also Communication No. 1621/2007 Leonid Raihman v. Latvia, made public by decision of the Human
Rights Committee UN Doc. CCPR/C/100/D/1621/2007 (2010), finding a violation of Article 17 of the ICCPR with
respect to the unilateral change of the author’s name by the state party.
102. For a comprehensive analysis and discussion of the Advisory Committee's findings on access to education
rights of persons belonging to national minorities, reference is made to its First Thematic Commentary
(footnote 2).
103. See, inter alia, Third Opinion on Bulgaria, Third and Fourth Opinions on the Czech Republic and Third and
Fourth Opinions on the Slovak Republic.
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