Jump to Content Jump to Main Navigation

Section II, Article 6

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 6 of the Framework Convention for the Protection of National Minorities (FCNM). Article 6 consists of two sections. Article 6(1) requires states Parties to encourage a spirit of tolerance and intercultural dialogue and to promote mutual respect, understanding, and co-operation among all persons living on their territory, irrespective of those persons' ethnic, cultural, linguistic, or religious identity. Article 6(2) requires states Parties to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility, or violence as a result of their ethnic, cultural, linguistic, or religious identity. Article 6 is distinctive within the Framework Convention because it applies to everyone within the state, not just persons belonging to national minorities. This is particularly relevant with respect to threats and discrimination based on ethnicity, language, or religion under Article 6(2). Furthermore, it is necessary for the state to implement criminal laws against hate speech, as well as anti-discrimination laws. If proper respect for other cultures were shown in line with Article 6(1), Article 6(2) would address issues that ought not to arise.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.