Framework Convention for the Protection of National Minorities (FCNM) and freedom of religion According to Article 8 of FCNM states have to recognise the right of persons belonging to national minorities to manifest religion or belief. This provision may imply for States certain positive obligations to protect the freedoms mentioned against violations which do not necessary emanate from the State itself but from other groups. The inclusion of a specific right to manifestation of religion among the substantive provisions of FCNM highlights the essential role that the profession of religion plays in preserving a minority group’s identity and tradition. The monitoring of the implementation of Article 8 by the Advisory Committee has highlighted that states should take steps to ensure that persons belonging to national minorities are able to observe and practice their religion without discrimination and on an equal footing with others residing in the state. In certain cases, the Advisory Committee has required the adoption of comprehensive legislation providing protection against religious discrimination and has called for the prohibition of advocacy of religious hatred and incitement to religious intolerance. It also has required specific measures to promote tolerance and understanding in the fields of education, culture and media. The Advisory Committee has paid particular attention to the question of registration of religious associations as well as the issue of restitution of religious property confiscated. Actually, the scope of the provision of Article 8 is even broad and include not only the right to manifest one’s religion and belief, but also to establish and maintain religious institutions, to practise one’s religion, including the acquisition, possession, uses of religions materials, to conduct religious education and activities as religious ceremonies in minority language. This right is ensured by the FCNM, but also to some extend be the European Charter for Regional or Minority Languages ECRML). The ECRML as potentially useful support in the protection of religious minorities. The ECRML does not mention the religious minorities specifically, but being the unique international convention protecting minority languages, it creates when appropriate necessary basis for protection and promotion of such an important element of personal, and when it coincide religious identity, which is language. It is to be specified that this convention is applicable only to the minority languages traditionally used in a country, and clearly not cover the languages of migrants. This treaty is open for ratification by the states which are not member of the Council of Europe.

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