OSCE participating States have committed to adopt such measures for persons
belonging to national minorities, when necessary.41 According to international
human rights standards, special measures should remain in force only as long
as is needed to redress the inequality, and do not constitute discrimination when
they pursue the legitimate aim of promoting full and effective equality and are
proportionate to that aim.42
To promote the social and economic participation of persons belonging to national
minorities, special measures may be necessary in areas such as employment,
education and training, political representation, financial services, land tenure
and property rights, pensions and social security.43 Special measures may take
various forms, including funding allocations, quotas, recruitment or skills training
programmes, or targeted opportunities to access grants or credit support.
As obstacles to participation in social and economic life may vary for different
communities or individuals within communities, special measures should be tailored
to address specific needs.44
National legislation, including the constitution where appropriate, should provide
for the possibility to adopt temporary special measures. Legislation should also be
in place to allow employers to adopt such measures.45 Decisions to undertake and
implement such measures should be based on reliable data and consultations with
minority communities, taking into account intra-community diversity.46
Disseminating information in minority languages about specific arrangements for
national minorities can help ensure that they reach the intended target groups.
As misperceptions about special measures for minorities may potentially lead to
tensions in society, States should provide accurate, objective public information
about the need for, and objectives of, such measures.
41
42
43
44
45
46
24
Copenhagen 1990, paragraph 31; and CSCE Experts Meeting on National Minorities, part IV (Geneva
1991).
Inter alia Ljubljana Guidelines, Guidelines 3 and 31; ICERD, articles 1(4) and 2(2); CERD General
Recommendation No. 32 on the meaning and scope of special measures; UN Declaration on Minorities,
article 4; CESCR, General Comment No. 20 on non-discrimination, paragraph 9; FCNM, article 4(3);
NHCR, Human Rights Committee (CCPR) General Comment No. 18 on non-discrimination, paragraph 13
(1989); EU Directive 2000/43/EC, article 5; and ECHR, Protocol 12, preamble.
OHCHR, FMI Recommendations, third session, paragraph 37.
FCNM AC, Commentary on Participation, paragraph 25.
ECRI, General Policy Recommendation 14, paragraph 7.
CERD, General Recommendation 32 on the meaning and scope of special measures in the ICERD,
paragraphs 17–18; and OHCHR, FMI Recommendations, third session, paragraph 37.
Recommendations on the Effective Participation of National Minorities in Social and Economic Life