A/50/514
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school according to linguistic criteria was, however, not found to be in breach
of article 14. This was confirmed in a number of follow-up cases. The
Commission also considered that the right claimed by the applicants to have the
imprint of their own personality and of the culture they acknowledge as their
own take first place among the factors conditioning the education of their
children, in order that their children’s thinking should not become alien to
their own, was outside the scope of articles 9 and 10;
(g) The question of interference with the expression of a particular
culture has hardly ever arisen in the Strasbourg case law. In the case of
alleged discrimination against the Slovene minority in Austria by virtue of the
failure to license a private radio station and an alleged insufficiency of
programmes on the public broadcasting system, the Commission did not find
elements of discrimination; the Court did not express an opinion;
(h) Several cases decided by the Commission concerned special protection
of particular minorities under national law and resultant restrictions on the
freedom of expression of persons not belonging to those minorities. The
Commission considered such restrictions as being justified under article 10,
paragraph 2, of the Convention. In the case of defamatory remarks made against
Gypsies in Germany, the Commission found that there had been no interference
with individual rights.
VIII.
NON-GOVERNMENTAL ORGANIZATIONS
66. Caritas Internationalis mentioned that the situation of minority groups was
of great concern to the organization, and some of Caritas’s member organizations
were very much involved in assisting such groups in defending the dignity of
their members. The World Muslim Congress stated that, through their branches
throughout the world, greater awareness about the rights of minorities was being
promoted and the abolition of discriminatory laws called for.
IX.
CONCLUSIONS AND RECOMMENDATIONS
67. In view of the small number of replies received by the Centre for Human
Rights and the lack of substantive information contained therein, it is
difficult to arrive at conclusions of a general nature which accurately
represent the measures taken to give effect to the Declaration by the
international community as a whole. In particular, it seems that the replies
focused mainly on the constitutional and legislative provisions protecting and
promoting the rights of persons belonging to minorities, with many Governments
listing relevant legislation at length. It would have been more useful for the
purposes of this report if Governments had submitted substantive information on
the actual measures taken to protect minorities, including any affirmative
action undertaken to give effect to the Declaration. It should thus be
underscored that what is needed is information about the practical
implementation of the Declaration.
68. It would therefore seem indispensable for the preparation of future reports
on the subject, and in order to provide a more accurate overview of the measures
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