ACFC/44DOC(2012)001 rev PART III LANGUAGE RIGHTS AND EQUALITY 26. According to Article 3.2 of the Framework Convention, the rights contained in the Convention may be exercised individually or in community with others. While minority rights under the Framework Convention are not considered collective rights, some of the rights, including notably language rights, hold a collective dimension. Furthermore, as the term ‘in community with others’ may also include members of other minorities or the majority population, the exercise of these rights has an intercultural dimension which presupposes a general climate of equality and tolerance in society (Articles 4 and 6). This particular social dimension of language rights, which relies on the implementation of the principle of nondiscrimination and the promotion of effective equality, is analysed in this Chapter. 1. EQUALITY BEFORE THE LAW AND EQUAL PROTECTION OF THE LAW, EFFECTIVE EQUALITY IN ALL AREAS OF LIFE 27. Many of the principles raised in other sections of the present Commentary relate to the effective implementation of the principles of equality before the law, equal protection of the law, and effective equality in all areas of life, contained in Article 4 of the Framework Convention. The Advisory Committee encourages all States Parties to adopt a clear legislative framework related to the protection of national minorities which should, apart from raising awareness of the authorities’ commitment towards the protection and promotion of the rights of persons belonging to national minorities, entail specific provisions aimed at promoting effective equality. Article 4.2 clarifies that the principle of equality does not presuppose identical treatment of and approaches to all languages and situations. On the contrary, measures to promote equality must be targeted to meet the specific needs of the speakers of various minority languages. Separate provisions may be necessary for the speakers of languages of numerically smaller minorities to ensure the revitalisation of the language in public life, while other, more widely spoken minority languages, may require other methods of promotion. 28. A variety of methods may be applied by states to promote equality and supervise the implementation of equality legislation, including the creation of specific anti-discrimination bodies, ombudspersons, or other specialised institutions. Persons belonging to national minorities must have access to information, where possible in their own language, about their rights, the work of the anti-discrimination institutions and the remedies against any form of discrimination available to them, including indirect forms of discrimination, as well as cases of multiple discrimination. 29. In addition, the Advisory Committee considers that in order to achieve equal protection before the law, discriminatory treatment should also be considered punishable by law and sanctioned in all States Parties. Criminal legislation should include provisions that expressly provide for discriminatory motivations based on language, culture, ethnicity or religion to be taken into account by courts as an aggravating circumstance for all offences.30 Hate speech and incitement to any form of hostility based on ethnic, cultural, linguistic or religious identity must also be included in criminal law provisions to ensure adequate sanctioning for such offences. 30. The Advisory Committee has often observed particular forms of prejudice and discrimination faced by persons belonging to vulnerable groups, such as Roma communities. In order to help combat such discrimination, specific measures to promote full and effective equality for persons belonging to vulnerable groups should be developed, implemented and monitored regularly in close co-operation with representatives of the groups concerned. Since 30 See, among others, First Opinion on Albania. 10