Legitimacy of the Right to Identity

In para. (33), the Copenhagen Document focuses on identity only but is more determinate than the UN Minority Declaration. The Copenhagen Document echoes the double-layered approach of protection and creating conditions of promotion of minority identity. Moreover, it takes a collective approach. Para. (33) places positive obligations on states not only to act at all but to act in a certain way. States take necessary measures due consultations including contacts with minority institutions are involved. States not only act in accordance with decision-making procedures but the measures are also in conformity with the principles of equality and non-discrimination with respect to the other citizens. The states space of actirni is limited by these conditions. 

The Framework Convention includes identity in art. 5. It takes a cautious approach when it speaks of preserving the essential elements of their identity . It is also notable that the Framework Convention targets persons belonging to national minorities. A collective identity is often more than the sum of individual identities. The Framework Convention does not take the direct collective approach. Art. 5 names the essential elements of identity as being religion, language, traditions and cultural heritage and thus makes the provision determinate. 

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