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Mercator-Legislation “ The right to language diversity”

III Mercator International Symposium 25-27 November 2004 "Linguistic diversity and education: Challenges and opportunities". Mercator-Legislation “ The right to language diversity”. Introduction.

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Mercator-Legislation “ The right to language diversity”

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  1. III Mercator International Symposium 25-27 November 2004"Linguistic diversity and education: Challenges and opportunities" Mercator-Legislation“The right to language diversity”

  2. Introduction • Linguistic rights as Human Rights • Language: object of regulation (J. Vernet, E. Pons, A. Pou, J.R. Solé, A.M. Pla “Dret Lingüístic”. 2003) • Collective rights and individual rights • Linguistic rights as third-generation rights

  3. European Charter for Regional or Minority Languages • PART III Article 8- Education 1.b. ii. to make available substantial part of primary education in the relevant regional or minority languages. 8.2. […] with regard to education […], the Parties undertake, if the number of users of a regional or minority language justifies it, to allow, to encourage or to provide teaching in the regional or minority language at all the appropriate stages of education.

  4. European Charter for Regional or Minority Languages • Promotion of linguistic diversity in its member states and encouragement of the plurilingualism of its citizens. • Development of tools to help to create a common educational culture of understanding of language learning and teaching among language professionals. E.g: Common European Framework of Reference for Languages. • States are required to submit three-yearly reports on the measures they have taken to protect and promote regional or minority languages.

  5. European Charter for Regional or Minority Languages Significant results: • Government Bill onNational Minorities in Sweden (June 1999) • Law 482/99, December 15th, 1999, Italy. Law regulating historic minority languages

  6. European Charter for Regional or Minority Languages • Lack of precise and concrete regulations to implement the language legislation. • Non-binding recommendations resulting from the monitoring process. • Need to involve local and regional authorities more closely in the implementation of the Charter. • Lack of concrete interpretation when applying the Charter.

  7. Framework Convention for the Protection of National Minorities (CoE) • Article 6.2 The Parties undertake to take appropriate measures to protect persons who may be subject to threats or acts of discrimination, hostility or violence as a result of their ethnic, cultural, linguistic or religious identity.

  8. Framework Convention for the Protection of National Minorities (CoE) • Article 14.2 In areas inhabited by persons belonging to national minorities traditionally or in substantial numbers, if there is sufficient demand, the Parties shall endeavour to ensure, as far as possible and within the framework of their education systems, that persons belonging to those minorities have adequate opportunities for being taught the minority language or for receiving instruction on this language.

  9. Charter of Fundamental Rights of the European Union. Nice 2001(Now Part II of the Treaty Establishing the EU Constitution) • Article 14.3Right to education The freedom to found educational establishments with due respect for democratic principles and the right of parents to ensure the education and teaching of their children in conformity with their religious, philosophical and pedagogical convictions shall be respected (...).

  10. Charter of Fundamental Rights of the European Union. Nice 2001(Now Part II of the Treaty Establishing the EU Constitution) • Article 22 Cultural, religious and linguistic diversity The Union shall respect cultural, religious and linguistic diversity.

  11. International Covenant on Economic, Social and Cultural Rights, UN High Commissioner for Human Rights, 1966 • Article 13.1  The States Parties to the present Covenant recognize the right of everyone to education. [...] They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups [...].

  12. Universal Declaration of Human Rights of 10 December 1948 • Article 26(Education) (2) Education shall be directed to […] the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups […].

  13. Universal Declaration of Human Rights of 10 December 1948 • Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

  14. Declaration on the rights of persons belonging to national or ethnic, religious and linguistic minoritiesU.N(1992) • Article 4.3 States should take appropriate measures so that, wherever possible, persons belonging to minorities have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue.

  15. Universal Declaration on Linguistic Rights. Barcelona 1996 • Article 18 Explanation: It combines the need to learn the official language of the State concerned with the right of a national minority to learn his or her own language and receive an education in his or her own language.

  16. Educational Linguistic Rights in the Treaty Establishing a Constitution for Europe • Article I-3 (3)The Union's objectives It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.

  17. Educational Linguistic Rights in the Treaty Establishing a Constitution for Europe • Article II-81 Non-discrimination 1.Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited. • Other non-discrimination articles:Art. II-82 and Art. I-3 (3)

  18. Educational Linguistic Rights in the Treaty Establishing a Constitution for Europe • Article II-74 Right to education 1. Everyone has the right to education and to have access to vocational and continuing training. 2.This right includes the possibility to receive free compulsory education.

  19. Educational Linguistic Rights in the Treaty Establishing a Constitution for Europe • SECTION 3 -CULTURE Article III-280 1. The Union shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore.

  20. Educational Linguistic Rights in the Treaty Establishing a Constitution for Europe • EDUCATION, YOUTH, SPORT AND VOCATIONAL TRAINING Article III-282 1. The Union shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and complementing their action. It shall fully respect the responsibility of the Member States for the content of teaching and the organisation of education systems and their cultural and linguistic diversity. • Union action shall be aimed at: • (a) developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States.

  21. Comments on language diversity regarding the EC Treaty establishing the Constitution • Extend all current EC language programmes, or actions that are language-specific, to cover all autochthonous European languages. • Inclusion in the Treaty establishing the European Community of an article on the safeguarding and promotion of linguistic and cultural diversity in Europe. This might be either an entirely new article or a revised and expanded form of Article III-280 on Culture. (See http://www.linguapax.org/pdf/europadiversa2.pdf)

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