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Articles Assessment Framework Convention for the Protection of National Minorities – Assessment of the Articles Article & Description From the Explanatory Report Achievements to date Proposed actions Article 1 The main purpose of Article 1 is to specify that the The Cornish are now recognised as a A plaque to celebrate The protection of national minorities and protection of national minorities, which forms an national minority within the UK as Cornish Minority Status of the rights and freedoms of persons integral part of the protection of human rights, does described in the Framework Convention being recognised belonging to those minorities forms an not fall within the reserved domain of States. The for the Protection of National Minorities. integral part of the international statement that this protection "forms an integral part of This follows an extensive campaign over protection of human rights, and as such the international protection of human rights" does not a long number of years by many falls within the scope of international co- confer any competence to interpret the present committed individuals and organisations, operation Framework Convention on the organs established by supported by Cornwall Council and the the ECHR. former County Council. 31. The article refers to the protection of national minorities as such and of the rights and freedoms of persons belonging to such minorities. This distinction and the difference in wording make it clear that no collective rights of national minorities are envisaged (see also the commentary to Article 3). The Parties do however recognise that protection of a national minority can be achieved through protection of the rights of individuals belonging to such a minority. Article 2 32. This article provides a set of principles governing While this article refers to The provisions of this framework the application of the framework Convention. It is, inter relationships between Convention shall be applied in good faith, alia, inspired by the United Nations Declaration on States, the principles of in a spirit of understanding and tolerance Principles of International Law concerning Friendly good neighbourliness, and in conformity with the principles of Relations and Co-operation among States in accordance friendly relations and co- good neighbourliness, friendly relations with the Charter of the United Nations (General operation should underpin and co-operation between States. Assembly Resolution 2625 (XXV) of 24 October 1970). the Council’s response to The principles mentioned in this provision are of a the Framework Convention. general nature but do have particular relevance to the field covered by the framework Convention. Article 3 34. Paragraph 1 firstly guarantees to every person 24 April – press release of the Develop a communications 1 Every person belonging to a national belonging to a national minority the freedom to choose announcement sent. plan to explain what the minority shall have the right freely to to be treated or not to be treated as such. This Framework Convention choose to be treated or not to be treated provision leaves it to every such person to decide Cllr Bert Biscoe wrote an article for the actually means. as such and no disadvantage shall result whether or not he or she wishes to come under the Western Morning News setting out what from this choice or from the exercise of protection flowing from the principles of the framework the announcement means. The communications plan the rights which are connected to that Convention. must also manage the choice. We have responded to individual expectations and 35. This paragraph does not imply a right for an requests asking for advice along with aspirations of the national 2 Persons belonging to national minorities individual to choose arbitrarily to belong to any national responding to a number of Freedom of minority and include may exercise the rights and enjoy the minority. The individual’s subjective choice is Information requests. encouragement of staff 1 v2 September 2015 Article & Description From the Explanatory Report Achievements to date Proposed actions freedoms flowing from the principles inseparably linked to objective criteria relevant to the adhering to the Cornish enshrined in the present framework person’s identity. Cornish Minority web page has been language policy and Convention individually as well as in launched. implement corporate community with others. 36. Paragraph 1 further provides that no disadvantage standards. shall arise from the free choice it guarantees, or from A short briefing on ‘Cornwall as a the exercise of the rights which are connected to that minority group’ was shared with the Produce an initial press choice. This part of the provision aims to secure that South West Equality Network, Voluntary article that explains what the enjoyment of the freedom to choose shall also not Community Sector Equality and Diversity the Governments statement be impaired indirectly. Theme Lead Group. This can be revised means, what minority and recirculated as part of the means and explain the Paragraph 2 Communications Plan. progress. This will also include an explanation of 37. Paragraph 2 provides that the rights and freedoms The Council has lobbied government on Article 3. This and flowing from the principles of the Framework the inclusion of Cornish as a nationality subsequent articles will be Convention may be exercised individually or in (tick box) and Cornish as a language promoted via other press community with others. It thus recognises the (tick box) in the 2021 census (Ref: open channels and the Council possibility of joint exercise of those rights and consultation ‘Office for National website. freedoms, which is distinct from the notion of collective Statistics: Public consultation on rights. The term "others" shall be understood in the proposed topics for the 2021 Census Develop a briefing widest possible sense and shall include persons questionnaire in England and Wales’) regarding what Cornish belonging to the same national minority, to another Minority Status means, national minority, or to the majority. what is happening, what has been done to share with partners and relevant groups across Cornwall (possibly in leaflet format). Produce guidance/ information that sets out how an individual identifies themselves as a national minority – ensure guidance is published on website and shared with PSG and partners. Consideration should be given to holding a six monthly summit with partners to gain a wider input and perspective. 2 v2 September 2015 Article 4 38. The purpose of this article is to ensure the A legal opinion has been provided with Understand and clarify the 1 The Parties undertake to guarantee to applicability of the principles of equality and non- regards to this article: “the Cornish meet definition of discrimination. persons belonging to national minorities discrimination for persons belonging to national the definition of ‘racial group’ under the This area is a concern as UK the right of equality before the law and of minorities. The provisions of this article are to be Equality Act 2010 possibly for ethnic Government seems to be equal protection of the law. In this understood in the context of this framework origins but most likely because of re-stating that a Cornish respect, any discrimination based on Convention. national origins. As a ‘racial group’ the individual can only prove belonging to a national minority shall be UK Government should recognise Cornish discrimination by going to prohibited. Paragraphs 1 and 2 as a national minority. I disagree that a Court. This seems to court ruling is required before a minority contradict the Framework 2 The Parties undertake to adopt, where 39. Paragraph 1 takes the classic approach to these group can be recognised under the Convention. necessary, adequate measures in order principles. Paragraph 2 stresses that the promotion of Framework Convention.” to promote, in all areas of economic, full and effective equality between persons belonging to Encourage people to report social, political and cultural life, full and a national minority and those belonging to the majority In addition, a legal opinion has been discrimination based on effective equality between persons may require the Parties to adopt special measures that provided with regards to legal their Cornish identity. belonging to a national minority and take into account the specific conditions of the persons implications of the of the Government’s those belonging to the majority. In this concerned. Such measures need to be "adequate", that decision to recognise the Cornish People respect, they shall take due account of is in conformity with the proportionality principle, in within the scope of the Framework the specific conditions of the persons order to avoid violation of the rights of others as well Convention – please see Sancho Brett’s belonging to national minorities. as discrimination against others. This principle requires, note which summarises failure to comply among other things, that such measures do not extend, would not be unlawful however the 3 The measures adopted in accordance in time or in scope, beyond what is necessary in order Council must apply its duty under the with paragraph 2 shall not be considered to achieve the aim of full and effective equality. Equality Act 2010 or Human Rights Act to be an act of discrimination. 1998. 40. No separate provision dealing specifically with the principle of equal opportunities has been included in the framework Convention. Such an inclusion was considered unnecessary as the principle is already implied in paragraph 2 of this article. Given the principle of non-discrimination set out in paragraph 1 the same was considered true for freedom of movement. 41. The purpose of paragraph 3 is to make clear that the measures referred to in paragraph 2 are not to be regarded as contravening the principles of equality and non-discrimination. Its aim is to ensure to persons belonging to national minorities’ effective equality along with persons belonging to the majority.
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