Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
international protection of human rights, and as such falls within the scope of
international cooperation” (art. 1).61
The Framework Convention contains, however, “mostly programme-type
provisions”, because, as the term “Framework” indicates, “the principles contained in
the instrument are not directly applicable in the domestic legal orders of the Member
States, but will have to be implemented through national legislation and appropriate
governmental policies”.62 The Convention also establishes that “every person
belonging to a national minority shall have the right freely to choose to be treated or not
to be treated as such”, without suffering any disadvantage because of this choice (art.
3(1)).
4.5.1 The undertakings of the States parties
The undertakings of the States parties vis-à-vis national minorities are defined
in Section II of the Framework Convention, and cover a number of important issues,
such as, in particular:
v the right to equality before the law, equal protection by the law and the promotion
of full and effective equality in various areas – art. 4;
v promotion of conditions necessary for the maintenance and development of the
culture and the preservation of the essential elements of the identity of national
minorities – art. 5;
v the encouragement of tolerance and intercultural dialogue and the protection of
persons who may be subject to threats or acts of discrimination – art. 6;
v the freedoms of peaceful assembly, association, expression, thought, conscience
and religion; the right to manifest beliefs and establish religious institutions –
arts. 7-8;
v the right to freedom of expression, including the right of access to the media – art. 9;
v linguistic freedoms, such as the right to use one’s minority language in private or in
public, and, to the extent possible, also before administrative authorities; “the right
to be informed promptly, in a language which he or she understands, of the reasons
for his or her arrest, and of the nature and cause of any accusation against him or
her, and to defend himself or herself in this language, if necessary with the free
assistance of an interpreter” – art. 10;
v the rights to a name in one’s minority language and to display signs of a private
nature visible to the public – art. 11;
v education: fostering of knowledge of the culture, history, language and religion of
the national minorities and of the majority; the right to set up and manage
educational institutions – arts. 12-13;
v the right to learn one’s minority language – art. 14;
v effective participation of persons belonging to national minorities in cultural, social
and economic life as well as in public affairs – art. 15;
61 See Introduction to the Framework Convention for the Protection of National Minorities,
http://www.humanrights.coe.int/Minorities/Eng/FrameworkConvention/FCNMintro.htm, p. 1.
62 Ibid., loc. cit.
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers
109