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CYIL 7 ȍ2016Ȏ
THE STATUS OF NEWMINORITIES IN THE LIGHT OF THE FRAMEWORK…
of the Convention on the Elimination of All Forms of Racial Discrimination in
Denmark.
18
The Committee encountered two problems concerning the status of
new minorities in Denmark. First, it criticized that the Danish government, on the
one hand, provided financial support for the bilingual education of children coming
from countries of the European Economic Area and, on the other hand, stopped
funding bilingual education for children from third countries. The Committee
recommended Denmark to reconsider this policy as the Danish measures seemed
to be disproportionate. In other words, the Committee considered a practice of
differentiation based on citizenship as discriminatory.
19
Second, the Committee appreciated that Denmark had taken steps to strengthen
the economic and social participation of persons belonging to national or ethnic
minorities. According to the Committee, however, the relevant integration programs
failed to take into account the reality of cultural diversity in Danish society. The
Committee recommended the Danish government to introduce such a concept of
education which enables all children to learn about their culture. So, for children
belonging to new ethnic communities and members of traditional national minorities
the same standard shall apply.
20
The efforts of the Committee, whose mission is to eliminate all forms of racial
discrimination, are to a certain extent certainly very laudable. Through the prism
of the history of racism any distinction between ethnic groups has to be viewed as
highly problematic. However, the strategy of the Committee may ultimately lead
to counterproductive effects. Interventions that are conducted in favor of minorities
are usually related to considerable costs. Ensuring bilingual teaching requires the
employment of bilingual teachers, the production of mostly rather expensive teaching
materials and textbooks in minority languages, as well as adjustments with respect to
the minimum number of students in minority classes. An excessive anti-discrimination
policy for the benefit of all ethnic groups, including immigrant communities, will
encounter the problem that in practice available resources are limited.Therefore, countries
which are traditionally quite benevolent towards traditional national minorities might
reconsider their generous approach and cut financial funding for traditional minorities,
if they were required to provide the same benefits to new minorities.
5. New Minorities and the Framework Convention for the Protection
of National Minorities
The Framework Convention for the Protection of National Minorities of 1995
serves as the main point of reference for minority rights in Europe. As far as the
supervision of compliance is concerned an advisory committee has been established
18
CERD/C/DEN/CO/17. The report was adopted on 19 October 2006.
19
Ibid
., para. 19.
20
Ibid
., para. 22.