Material for specialized media EURASIA-Net project - EURAC

III.4 The Framework Convention on the Protection of National Minorities
The Framework Convention on the Protection of National Minorities (FCNM) was adopted
on the 5 February 1995 by the Committee of Ministers of the Council of Europe and came
into force on 1 February 1998, after having been ratified by 12 member states. The
FCNM is the first multilateral and legally binding instrument devoted to the general
protection of European minorities. Its aim is to protect the existence of national
minorities within the respective territories of the state parties.
The Convention seeks to promote the full and effective equality of national minorities
by obliging the states to create appropriate conditions enabling persons belonging to
national minorities to preserve and develop their culture and to retain their identity. It
sets out principles relating to persons belonging to national minorities in the sphere of
public life, such as freedom of peaceful assembly, association, expression and thought,
conscience and religion and access to media, as well as in the sphere of freedoms
relating to language, education and cross-border co-operation.
Of outstanding importance is
Article 10 which guarantees the
right to use the minority
language in private and public
life. Its second paragraph,
concerning the right to use this
language in communication with
the public authorities, is heavily
qualified. Not only is the right
contingent on finding a high
geographical concentration of
members of the linguistic minority
required, but it is also weakened
by discretionary phrases like
“where such a request
corresponds to a real need”, and
“as far as possible”. The effective
application of this provision could
thus be seriously questioned.
Article 11, regarding the right to
learn the minority language and
being taught or receiving
instruction in a minority
language, is equally cautiously
formulated. The states appear not
to have an obligation to take
What commitments exist for the States by ratifying
the FCNM?
• The provisions of the FCNM cover a wide range of
issues, including, inter alia:
• Non-discrimination and the promotion of full and
effective equality (Art. 4)
• Promotion of conditions favouring the preservation and
development of culture, religion, language and
traditions (Art. 5)
• Prohibition of forced assimilation (Art. 5)
• Freedom of assembly, association, expression,
thought, conscience and religion (Art. 7-8)
• Access to and use of media (Art. 9)
• Linguistic rights (Art. 10-11):
use of the minority language in private and in
public as well as its use before administrative
authorities
use of one’s own name in the minority
language display of information of a private
nature in the minority language
topographical names in the minority language
• Educational rights (Art. 12-14)
• Participation in public life (Art. 15)
• Participation in economic, cultural and social life (Art.
16)
• Transborder contacts (Art. 17)
• International and transborder co-operation (Art. 18)
positive measures regarding the right to learn the minority language. In particular, the
right to instruction in a minority language is, just like in other relevant international
documents, foreseen only as an alternative to teaching that language as a subject.
34