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Section II, Article 9

John Packer, Sally Holt

From: The Rights of Minorities: A Commentary on the European Framework Convention for the Protection of National Minorities

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 April 2024

Subject(s):
Indigenous peoples — Freedom of association — Freedom of expression — Minorities — Human rights remedies

This chapter comments on Article 9 of the Framework Convention for the Protection of National Minorities (FCNM). Article 9 contains more detailed rules for the protection of the freedom of expression than Article 7, specifically as it pertains to the free expression and reception of information and ideas by persons belonging to national minorities through the printed and broadcast media in their language of choice. The right of persons belonging to national minorities to receive and impart information in this way depends in great part on their access to media outlets. As such, Article 9 has four substantive provisions expressed in separate sub-paragraphs, covering the right to receive and impart information; the regulation of the broadcast media and cinema enterprises through licensing; states' obligation not to hinder the creation and the use of printed media by persons belonging to national minorities; and states' obligation to facilitate access to the media for persons belonging to national minorities and to promote tolerance and permit cultural pluralism.

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