Recommendation 1255 (1995)
Protection of the rights of national minorities
a. reside on the territory of that state and are citizens thereof;
b. maintain longstanding, firm and lasting ties with that state;
c. display distinctive ethnic, cultural, religious or linguistic characteristics;
d. are sufficiently representative, although smaller in number than the rest of the population of that state or of a region of that state;
e. are motivated by a concern to preserve together that which constitutes their common identity, including their culture, their traditions, their religion or their language."
a. invite member states to sign and ratify the Framework Convention for the Protection of National Minorities as soon as possible;
b. make sure that the advisory committee to be set up once the framework convention enters into force is as independent, effective and transparent as possible, for instance by:providing for a committee on which there is one representative for each of the contracting states;providing for its election on the same lines as the European Commission of Human Rights or the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment;allowing the committee to draw its information from a wide range of sources and to act on its own initiative;allowing the committee also to enter into a dialogue with the government of the contracting state concerned and to publish its reports and recommendations with the authorisation of that government;
c. invite those member states which have not yet signed (20 out of 33) and those member states which have not yet ratified (all except Finland and Norway) the European Charter for Regional or Minority Languages, to do so as soon as possible;
d. bring to a satisfactory and rapid conclusion its work on a draft protocol to the European Convention on Human Rights "in the cultural field by provisions guaranteeing individual rights, in particular for persons belonging to national minorities";
e. submit this draft protocol, once concluded, to the Assembly for its opinion.
Provisions of Recommendation 1201 (1993) on national minorities that may be included in an additional protocol on cultural rights
1. Right to express, preserve and develop one's cultural identity
Article 3
1. Every person belonging to a national minority shall have the right to express, preserve and develop in complete freedom his/her religious, ethnic, linguistic and/or cultural identity without being subjected to any attempt at assimilation against his/her will.
2. Exercise of the rights and freedoms by persons belonging to national minorities
Article 3
2. Every person belonging to a national minority may exercise his/her rights and enjoy them individually or in association with others.
3. Equality before the law and non-discrimination
Article 4
All persons belonging to a national minority shall be equal before the law. Any discrimination based on membership of a national minority shall be prohibited.
4. Right to use the minority language
Article 7
1. Every person belonging to a national minority shall have the right to use his/her mother tongue in private and in public, both orally and in writing. This right shall also apply to the use of his/her language in publications and in the audiovisual sector.
5. Right to use first names and surnames in the minority language
Article 7
2. Every person belonging to a national minority shall have the right to use his/her surname and first names in his/her mother tongue and to official recognition of his/her surname and first names.
6. Right to use the minority language in the relations with the administration
Article 7
3. In the regions in which substantial numbers of a national minority are settled, the persons belonging to a national minority shall have the right to use their mother tongue in their contacts with the administrative authorities and in proceedings before the courts and legal authorities.
7. Right to display local names, street names, etc. in the minority language
Article 7
4.In the regions in which substantial numbers of a national minority are settled, the persons belonging to that minority shall have the right to display in their language local names, signs, inscriptions and other similar information visible to the public. This does not deprive the authorities of their right to display the above-mentioned information in the official language or languages of the state.
8. Right to learn and receive education in the minority language
Article 8
1.Every person belonging to a national minority shall have the right to learn his/her mother tongue and to receive an education in his/her mother tongue at an appropriate number of schools and of state educational and training establishments, located in accordance with the geographical distribution of the minority.
9. Right to set up and manage schools, educational and training establishments
Article 8
2. The persons belonging to a national minority shall have the right to set up and manage their own schools and educational and training establishments within the framework of the legal system of the state.
10. Right to an effective remedy
Article 9
If a violation of the rights protected by this protocol is alleged, every person belonging to a national minority or any representative organisation shall have an effective remedy before a state authority.
11. Right to free and unimpeded contacts with the citizens of another country
Article 10
Every person belonging to a national minority, while duly respecting the territorial integrity of the state, shall have the right to have free and unimpeded contacts with the citizens of another country with whom this minority shares ethnic, religious or linguistic features or a cultural identity.
12. Relation to national legislation and other international instruments
Article 12
1.Nothing in this protocol may be construed as limiting or restricting an individual right of persons belonging to a national minority or a collective right of a national minority embodied in the legislation of the contracting state or in an international agreement to which that state is a party.
2.Measures taken for the sole purpose of protecting ethnic groups, fostering their appropriate development and ensuring that they are granted equal rights and treatment with respect to the rest of the population in the administrative, political, economic, social and cultural fields and in other spheres shall not be considered as discrimination.