tion of national minorities contained in the Copenhagen and other documents of the CSCE into legal obligations.212 Until the adoption of these minority rights instruments in the 1990s, the approach was one of non-interference. Article 27 ICCPR is formulated in a negative way: In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. However, in its General Comment No.23 on Article 27 ICCPR of 1994, the UN Human Rights Committee states: Although article 27 is expressed in negative terms, that article, nevertheless, does recognize the existence of a “right” and requires that it shall not be denied. Consequently, a State party is under an obligation to ensure that the existence and the exercise of this right are protected against their denial or violation. Positive measures of protection are, therefore, required not only against the acts of the State party itself, whether through its legislative, judicial or administrative authorities, but also against the acts of other persons within the State party.213 Also the afore-mentioned minority rights instruments make clear that states need to take positive measures in order to protect and promote the identity of minorities. Article 5(1) of the FCNM, for example, states: The Parties undertake to promote the conditions necessary for persons belonging to national minorities to maintain and develop their culture, and to preserve the essential elements of their identity, namely their religion, language, traditions and cultural heritage.214 Positive measures, such as organizing education in the minority language or reserved seats for minority representatives in parliament, may entail differential treatment. However, this does not constitute discrimination if it is aimed at the protection and promotion of minority identity, is based on objective and reasonable criteria, and is proportional to the aim of minority protection. The minority rights in the afore-mentioned minority rights instruments are phrased as individual rights of persons belonging to minorities. However, these instruments also make clear that these rights may be enjoyed individually as well as in community with others.215 In fact, like many other human rights, such as freedom of association and freedom of religion, many of these minority rights only make sense if exercised in group. Finally, it is important to mention that persons belonging to minorities have the right freely to choose to be treated or not 212 See Appendix II of the First Summit of Heads of State and Government of the Council of Europe, Vienna, 8-9 October 1993. 213 HRC, General Comment No.23 on Article 27 ICCPR, adopted on 8 April 1994, para.6.1. 214 See also op. cit., note 6, 1990 Copenhagen Document, para.31 and Article 1 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities, adopted by General Assembly resolution 47/135 of 18 December 1992 (UN Declaration on Minorities). 215 See ibid. 1990 Copenhagen Document, para.32(6), ibid., Article 3(1) UN Declaration on Minorities, and Article 3(2) CoE Framework Convention for the Protection of National Minorities (FCNM), Strasbourg 1995, CETS 157. 86 Countering Terrorism, Protecting Human Rights