ACFC/44DOC(2012)001 rev 87. Excessive requirements of proficiency in the official language(s) in order to access certain positions or obtain specific goods and services may, however, unduly restrict access to employment and social protection of persons belonging to national minorities.111 States Parties should therefore take effective measures to remove any disproportionate restrictions in access to the labour market. Regarding positions where proficiency in the official language is a legitimate condition, language proficiency requirements must in each case be proportionate to the public interest pursued and not go beyond what is necessary to achieve that aim. Moreover, language training courses and, where necessary, targeted support should be made available before language requirements are enforced, in order to facilitate the learning of the official language and prevent discrimination or insufficient participation of staff or applicants belonging to national minorities.112 88. Access to social benefits and to certain public services and utilities must not be hampered by undue language or residency requirements.113 Information and advice on public services and welfare institutions should be made easily accessible and available, where appropriate, in the languages of national minorities.114 Medical and administrative staff employed in health services and care of the elderly in areas inhabited in substantial numbers by persons belonging to national minorities should be able to provide services in minority languages, and should also receive training on the cultural and linguistic background of national minorities, so that they can adequately respond to their specific needs. The Advisory Committee has observed in this context that local authorities should actively seek to recruit appropriately qualified staff with the necessary linguistic competencies.115 In addition, the employment of health mediators or assistants belonging to national minorities (or at least interpreters speaking the minority language) can contribute to improved communication.116 89. Moreover, States Parties should promote the recruitment, promotion and retention in the administration and public services of persons belonging to national minorities and/or speaking the language(s) of national minorities, both at national and local levels. It is essential that the effective participation of persons belonging to national minorities and/or speaking minority language(s) is ensured within the administration, including the police, and the judicial system, in order to make effective the right to use minority languages in dealings with authorities. Furthermore, the adequate presence of minority languages in public and official life helps to ensure that the minority language develops or maintains sufficient prestige to present an attractive learning goal for young people belonging to national minorities as well as the majority. To this end, proficiency in the minority language should always be considered an asset and, in areas of traditional settlement, even a requirement in recruitment proceedings for the civil service. 2. LANGUAGE RIGHTS AND EFFECTIVE PARTICIPATION IN PUBLIC AFFAIRS 90. The Advisory Committee recognises that a federal structure, decentralisation and various systems of autonomy can be beneficial to persons belonging to minorities.117 Cultural autonomy arrangements, for instance, may aim to delegate to national minority organisations important competences in the area of minority culture, language or education. Where such arrangements exist, constitutional and legislative provisions must clearly specify the nature and scope of the autonomy system. The relations between relevant state institutions, as well as their system of funding, should be clarified by law.118 Division of responsibilities among 111 See, for instance, First Opinion on Azerbaijan. See ACFC Second Thematic Commentary on Effective Participation. 113 Ibid. 114 Ibid. Third Opinion on Denmark. 115 Third Opinion on Estonia; Third Opinion on Sweden. 116 See ACFC Second Thematic Commentary on Effective Participation. 117 See also the OSCE HCNM Lund Recommendations, 1999. 118 See ACFC Second Thematic Commentary on Effective Participation. 112 28

Select target paragraph3