Miris document ID: 1053431546544
X v. Astria
Author: The Commission of Human Rights
Language: English
Source: Council of Europe
Country: Austria
Category: quasi-judicial decision
Government level: International
Guiding principle: The Commission observes that the applicant was not as such prevented from stating that she considered herself as a member of th Slovene minority. She only could not do this at the special mother-toungecensus which was limited to finding out the language spoken by the Austrian citizens. The Commission furthermore finds that the situation complined of falls outside the scope of the provisions of the Convention, and in particular art. 3 which the applicant has invoked. The Convention does not provide for any right of a linguistic minority as such, and protection of individual members of such minority is limited to teh right not to be disriminated against on the ground of their belonging to a minority. As in the present case there is no other Convention right at issue, the question of discrimination cannot arise.As to article 6 and the right to fair hearing, the commision finds that since the case in question neither concern the determination of her civil rights and obligations nor the determination of a criminal charge within the meaning of the article this part of the application must be rejectedas being incompatibile with article 6.As regards the alleged breach of article 13 the Commission observes that htis provision is only applicable where an applicant claims tha violation of the rights and freedoms set forth in the Convention. However, the Commission has already found above that the applicant's main complaint falls outside the scope of the Convention and therefor there is no room to apply article 13 in the present case.
Date of judgement: 1979-10-10
Document number: 8142/78
Official version: yes
Legally binding: no
Subject areas: identity; language
Minority groups: Slovenes

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