States should ensure that international assistance, whether provided bilaterally or
multilaterally, reduces rather than perpetuates the social and economic exclusion
of minorities.35 While international assistance and co-operation play a crucial role
in the realization of social and economic rights, States should assess impacts on
human rights, including minority rights, and on the right to non-discrimination.36
Any international assistance must be within the framework of international law,
including the conduct of friendly relations. This includes social and economic
benefits provided to persons residing abroad, which should only be granted on a
non-discriminatory basis.37 States where minorities reside should not obstruct the
receipt or enjoyment of such benefits which follow these principles.38
4. States should establish specific arrangements for persons belonging to
national minorities, which facilitate the effective participation of all in social
and economic life. Reasonable and proportionate measures taken in this
regard do not constitute discrimination.
A lack of obstacles to social and economic participation is insufficient to overcome
inequalities and exclusion, which are often structurally entrenched in systems and
institutions and perpetuated by conscious or unconscious bias. Existing disparities
must be identified, recognized and addressed as part of the process towards full
equality. This often necessitates specific arrangements, also referred to as special
measures, adequate measures or affirmative action.
As elaborated in various international human rights instruments,39 States may,
when necessary and appropriate, undertake special measures to address past
or systematic discrimination and promote equality of disadvantaged groups and
persons belonging to them.40
35
36
37
38
39
40
OHCHR, FMI Recommendations, third session, paragraphs 56–58 and 60–62.
CESCR, General Comment No. 20 on non-discrimination, paragraphs 7–8.
Bolzano/Bozen Recommendations, Recommendation 9.
See also: Recommendation 1 in this document; and Bolzano/Bozen Recommendations,
Recommendation 9.
Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW), article 4(1) (New
York 1979); CRPD, article 5(4); European Social Charter, Article 20; Treaty on the Functioning of the EU,
articles 157(4) 19; Charter of Fundamental Rights of the European Union, articles 23 and 26; and ECHR,
Protocol 12.
Inter alia ICERD, articles 1.4 and 2.2; UN Declaration on Minorities, article 4; and FCNM, article 4(2).
Recommendations on the Effective Participation of National Minorities in Social and Economic Life
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