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Section II, Article 5

Geoff Gilbert

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: 17 April 2024

Subject(s):
Indigenous peoples — Religion — Minorities — Right to language — Human rights remedies

This chapter comments on Article 5 of the Framework Convention for the Protection of National Minorities (FCNM). Article 5 consists of two sections. Article 5(1) requires states Parties to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage. Article 3(2) requires states Parties to refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and to protect these persons from any action aimed at such assimilation. The chapter concludes that the Advisory Commitee can use Article 5(1) to ensure that states parties to the Framework Convention carry out the most fundamental step in creating a truly pluralistic society: effective dialogue between the state and sub-state entities. Moreover, in the context of the Framework Convention, which operates through the domestic implementation of standards and reports submitted by governments to the Committee of Ministers, it is unlikely that direct assimilation will take place.

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