European Charter for Regional or Minority Languages
This articleneeds additional citations forverification.(May 2007) |
CET 148 | |
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Signed | 5 November 1992 |
Location | Strasbourg |
Effective | 1 March 1998 |
Condition | Ratification by 5 States |
Signatories | 34 |
Parties | 25 |
Depositary | Secretary General of theCouncil of Europe |
Languages | EnglishandFrench |
Full text | |
European Charter for Regional or Minority LanguagesatWikisource |
TheEuropean Charter for Regional or Minority Languages(ECRML) is aEuropeantreaty(CETS 148) adopted in 1992 under the auspices of theCouncil of Europeto protect and promote historicalregionalandminority languagesinEurope.However, the charter does not provide any criterion or definition for an idiom to be a minority or a regional language, and the classification stays in the hands of the national state.[1]
The preparation for the charter was undertaken by the predecessor to the currentCongress of Local and Regional Authorities,the Standing Conference of Local and Regional Authorities of Europe because involvement of local and regional government was essential. The actual charter was written in theParliamentary Assemblybased on the Congress' Recommendations. It only applies tolanguagestraditionally used by the nationals of the State Parties (thus excluding languages used by recentimmigrantsfrom other states, seeimmigrant languages), which significantly differ from the majority orofficial language(thus excluding what the state party wishes to consider as mere local dialects of the official or majority language)[2]and that either have a territorial basis (and are therefore traditionally spoken by populations of regions or areas within the State) or are used by linguistic minorities within the State as a whole (thereby including such languages asYiddish,RomaniandLemko,which are used over a wide geographic area).
Some states, such as Ukraine and Sweden, have tied the status of minority language to the recognized national minorities, which are defined by ethnic, cultural and/or religious criteria, thereby circumventing the Charter's notion of linguistic minority.[3]
Languages that are official within regions, provinces or federal units within a State (for exampleCatalaninSpain) are not classified as official languages of the State and may therefore benefit from the Charter. On the other hand,Irelandhas not been able to sign the Charter on behalf of theIrish language(although a minority language) as it is defined as the first official language of the state. TheUnited Kingdomhas ratified the Charter in respect to (among other languages)WelshinWales,ScotsandGaelicin Scotland, andIrishinNorthern Ireland.France,although a signatory, has been constitutionally blocked from ratifying the Charter in respect to thelanguages of France.
The charter provides many actions state parties can take to protect and promote historical regional and minority languages. There are two levels of protection—all signatories must apply the lower level of protection to qualifying languages. Signatories may further declare that a qualifying language or languages will benefit from the higher level of protection, which lists a range of actions from which states must agree to undertake at least 35.
Protections
[edit]Countries can ratify the charter in respect of its minority languages based on Part II or Part III of the charter, which contain varying principles. Countries can treat languages differently under the charter, for example, in theUnited Kingdom,theWelsh languageis ratified under the general Part II principles as well as the more specific Part III commitments, while theCornish languageis ratified only under Part II.
Part II
[edit]Part II of the Charter details eight main principles and objectives upon which States must base their policies and legislation. They are seen as a framework for the preservation of the languages concerned.[4]
- Recognition of regional or minority languages as an expression of cultural wealth.
- Respect for the geographical area of each regional or minority language.
- The need for resolute action to promote such languages.
- The facilitation and/or encouragement of the use of such languages, in speech and writing, in public and private life.
- The provision of appropriate forms and means for the teaching and study of such languages at all appropriate stages.
- The promotion of relevant transnational exchanges.
- The prohibition of all forms of unjustified distinction, exclusion, restriction or preference relating to the use of a regional or minority language and intended to discourage or endanger its maintenance or development.
- The promotion by states of mutual understanding between all the country's linguistic groups.
Part III
[edit]Part III details comprehensive rules, across a number of sectors, by which states agree to abide. Each language to which Part III of the Charter is applied must be named specifically by the government. States must select at least thirty-five of the undertakings in respect to each language. Many provisions contain several options, of varying degrees of stringency, one of which has to be chosen "according to the situation of each language". The areas from which these specific undertakings must be chosen are as follows:[4]
- Education
- Judicial authorities
- Administrative authorities and public services
- Media
- Cultural activities and facilities
- Economic and social life
- Transfrontier exchanges
Languages protected under the Charter
[edit]Countries that have ratified the Charter, and languages for which the ratification was made[5] |
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Armenia
ratification: 25 January 2002[6] |
Austria
ratification: 28 June 2001[6]
|
Bosnia and Herzegovina
ratification: 21 September 2010[6] |
Croatia
ratification: 5 November 1997[6] |
Cyprus
ratification: 26 August 2002[6] |
Czech Republic
ratification: 15 November 2006[6]
|
Denmark
ratification: 8 September 2000[6]
|
Finland
ratification: 9 November 1994[8] |
Germany
ratification: 16 September 1998[6]
|
Hungary
ratification: 26 April 1995[6] |
Liechtenstein
ratification: 18 November 1997[6]
|
Luxembourg
ratification: 22 June 2005[6]
|
Montenegro
ratification: 15 February 2006[6] |
Netherlands
ratification: 2 May 1996[6]
|
Norway
ratification: 10 November 1993[6]
|
Poland
ratification: 12 February 2009[6] |
Romania
ratification 29 January 2008[6]
|
Serbia
ratification: 15 February 2006[6] |
Slovakia
ratification: 5 September 2001[11] |
Slovenia
ratification: 4 October 2000[6] |
Spain
ratification: 9 April 2001[6]
|
Sweden
ratification: 9 February 2000[6] |
Switzerland
ratification: 23 December 1997[6] |
Ukraine
ratification: 19 September 2005[6]
Ukraine does not specify languages by name, but rather ratifies on behalf of "the languages of the followingethnic minorities of Ukraine[13] |
United Kingdom
ratification: 27 March 2001.[6]
|
See also
[edit]- Euromosaic
- European languages
- Framework Convention for the Protection of National Minorities
- Languages of the European Union
- Linguistic rights
- List of Linguistic Rights in Constitutions (Europe)
- Universal Declaration of Linguistic Rights
Notes and references
[edit]- ^Gabrielle Bernoville,Europe's forgotten words. The case of the European Regional and minority languagesArchived2021-06-15 at theWayback Machine,La Regionisto,
- ^abcdKordić, Snježana(2024)."Ideology Against Language: The Current Situation in South Slavic Countries"(PDF).InNomachi, Motoki;Kamusella, Tomasz(eds.).Languages and Nationalism Instead of Empires.Routledge Histories of Central and Eastern Europe. London:Routledge.pp. 167–179.doi:10.4324/9781003034025-11.ISBN978-0-367-47191-0.OCLC1390118985.S2CID259576119.SSRN4680766.(COBISS.RS125229577).COBISS171014403.Archivedfrom the original on 2024-01-10.Retrieved2024-01-16.p. 173, 169:
In Croatia and Serbia, segregation takes place in the name of minority language rights, ignoring that the European Charter for Regional or Minority Languages gives a clear definition of a minority language that excludes the term 'minority language' in this case. [...] although the Charter reads that a minority language must be different from the official language and must not be a dialect of the official language, and although the standard language of Bosniaks, Croats, Montenegrins and Serbs is based on the same dialect calledShtokavian,and it is clear that according to the Charter it cannot be regarded as several minority languages.
- ^Hult, F.M. (2004). Planning for multilingualism and minority language rights in Sweden.Language Policy, 3(2), 181-201.
- ^ab"The European Charter for Regional or Minority Languages is the European convention for the protection and promotion of languages used by traditional minorities".European Charter for Regional
or Minority Languages. - ^"States Parties to the European Charter for Regional or Minority Languages and their regional or minority languages (listed by language on p.6)".Council of Europe.1 November 2022.Retrieved13 December2023.
- ^abcdefghijklmnopqrstuvw"Chart of signatures and ratifications of Treaty 148".Council of Europe.Retrieved5 March2021.
- ^"Czechia: Protection of German extended under the Charter - European Charter for Regional or Minority Languages".Council of Europe.2024.Archivedfrom the original on 2 March 2024.Retrieved2 March2024.
- ^"Reservations and Declarations for Treaty No.148 - European Charter for Regional or Minority Languages (ETS No. 148)".Council of Europe.Archivedfrom the original on 22 Mar 2024.
- ^"Report of the Committee of Experts on Luxembourg, December 2008"(PDF).Coe.int.Retrieved2014-01-30.
- ^Insider, Tanya Deen for the Bonaire (30 January 2024)."Papiamentu on Bonaire is Officially Recognized Under European Charter".InfoBonaire.Retrieved31 January2024.
- ^"Full list".
- ^"Aplicación de la Carta en España, Segundo ciclo de supervisión. Estrasburgo, 11 de diciembre de 2008. A.1.3.28 pag 7; A.2.2.5"(PDF).Coe.int. p. 107.Retrieved2015-03-01.
- ^As of[update]July 2007,Ukraine's entry on theCouncil of Europe siteArchived2012-05-22 at theWayback Machinestates the followingUkraine declares that the provisions of the Charter shall apply to the languages of the following ethnic minorities of Ukraine: Belarusian, Bulgarian, Gagauz, Greek, Jewish, Crimean Tatar, Moldavian, German, Polish, Russian, Romanian, Slovak and Hungarian.
- ^"Full list".Treaty Office.
- ^"Full list".Treaty Office.
External links
[edit]- European Charter for Regional or Minority Languages text
- More information on the treaty
- Charter website
- Eurolang (News agency about minority languages in Europe)
- Explanatory Report on the Charter
- lexpress.fr(in French)
- Application of the European Charter for Regional or Minority Languages, Doc. 12881
- Linguistic rights
- Council of Europe treaties
- Languages of Europe
- Minority rights
- Linguistic minorities
- Treaties concluded in 1992
- Treaties of Armenia
- Treaties of Austria
- Treaties of Bosnia and Herzegovina
- Treaties of Croatia
- Treaties of Cyprus
- Treaties of the Czech Republic
- Treaties of Denmark
- Treaties of Finland
- Treaties of Germany
- Treaties of Hungary
- Treaties of Liechtenstein
- Treaties of Luxembourg
- Treaties of Montenegro
- Treaties of the Netherlands
- Treaties of Norway
- Treaties of Poland
- Treaties of Romania
- Treaties of Serbia
- Treaties of Serbia and Montenegro
- Treaties of Slovakia
- Treaties of Slovenia
- Treaties of Spain
- Treaties of Sweden
- Treaties of Switzerland
- Treaties of Ukraine
- Treaties of the United Kingdom
- November 1992 events in France
- Treaties extended to Greenland
- Treaties extended to the Faroe Islands
- Treaties extended to the Isle of Man
- Treaties extended to West Berlin
- Minority languages
- 20th century in Strasbourg