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Regional and minority languages in the constitutions of EU member states

Regional and minority languages in the constitutions of EU member states. Main International Treaties. United Nations Universal Declaration of Human Rights (1948) International Covenant on Civil and Political Rights (1966)

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Regional and minority languages in the constitutions of EU member states

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  1. Regional and minority languages in the constitutionsof EU member states

  2. Main International Treaties • United Nations • Universal Declaration of Human Rights (1948) • International Covenant on Civil and Political Rights (1966) • International Covenant on Economic, Social and Cultural Rights (1966) • International Labour Organization • Convention concerning the Protection and lntegration of lndigenous and Other Tribal and Semi-Tribal Populations in lndependent Countries(1957) • Indigenous and Tribal Peoples Convention (1989)

  3. Main European instruments • OSCE • Act of Helsinki (1975) • Charter of Paris for a New Europe (1990) • European Union • European Charter of Fundamental Rights (2001) • Council of Europe • Convention for the Protection of Human Rights and Fundamental Freedoms (1950) • Framework Convention for the Protection of National Minorities (1995) • European Charter of Regional or Minority Languages (1992)

  4. Main language-related principles • Principle of equality • Principle of non-discrimination

  5. Recognition of language diversity Official status for more than one language Official status for more than one language: at institutional level only Territoriality principle (collective right Non-recognition of language diversity Official status for ONE language (and formal recognition of diversity protection) with practical social effects Personality principle individual right) General criteria

  6. Classification • Official Monoligualism • Territorial Protection of Languages • B.1- Non-official status (but different degrees of recognition/regulation: protection, promotion, etc.) • B.2- Official status in part of the state’s territory (substate level) • Linguistic Pluralism • C.1- Institutional level • C.2- Structural/Federal level

  7. France (1958)(official monolingualism) • Art. 2: The language of the Republic shall be French (1992) • Deixonne Law (1951)

  8. Greece (1975)(official monolingualism) • Article 5: All persons living within the Greek territory shall enjoy full protection of their life, honour and freedom, irrespective of nationality, race or language and of religious or political beliefs. Exceptions shall be permitted only in cases provided for in international law. • Treaty of Lausanne (1923)

  9. No official status but different levels of recognition/regulation Portugal The Netherlands Sweden Germany Austria United Kingdom Official status for languages other than the state one: Denmark Italy Spain B. Territorial protection of languages

  10. Portugal (1976) (protection of linguistic minority) • Art. 9- The basic responsibilities of the State are: b- To guarantee fundamental rights and freedoms and respect for the principles of the democratic State based on law; e. To protect and enhance the cultural heritage of the Portuguese people (...) • Art. 11.3- The official language is Portuguese (rev. 2001) • Art. 13-No one shall be privileged or favoured, or discriminated against, or deprived of any right or exempted from any duty, by reason of his or her ancestry, sex, race, language, territory of origin, religion, political or ideological convictions, education, economic situation or social circumstances • Official Recognition of the linguistic rights of the Mirandese Community (1999)

  11. The Netherlands (1987) (protection of linguistic minority) Chapter 1- Fundamental Rights • Article 1All persons in the Netherlands shall be treated equally in equal circumstances. Discrimination on the grounds of religion, belief, political opinion, race, or sex or on any other grounds whatsoever shall not be permitted. • Article 124(1) The powers of provinces and municipalities to regulate and administer their own internal affairs shall be delegated to their administrative organs. • Special Covenant on Frisian Language and Culture (2001)

  12. Sweden (1975) (protection of linguistic minority) Chapter 1 • Article 2 (4) Opportunities should be promoted for ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own. • Act on National Minorities in Sweden (1999)

  13. Germany (1994) (protection of linguistic minorities) • Art. 3.3.No one may be prejudiced or favoured because of his sex, his parentage, his race, his language, his homeland and origin, his faith or his religious or political opinions. • Art. 70.1. The States (Länder) have the right to legislate insofar as this Constitution does not confer legislative power on the Federation. • Constitution of Schleswig-Holstein (1990) • Constitution of Brandemburg (1992) • Constitution of Saxony (1992) • Constitution of Mecklenburg-Western Pomerania (1993) • Constitution of Saxony-Anhalt (1992)

  14. Austria (1929)(protection of linguistic minorities) • Article 8 1.Without prejudice to the rights provided byfederal law for linguistic minorities, German is the official language of the Republic.This does not refer to the rights granted to linguistic minorities by federal legislation. 2. The Republic (federation, Länder and municipalities) recognize the linguistic traditions and cultural diversity of groups of national authochthonous minorities. The language and culture, the existence and the preservation of these ethnic groups shall be respected, protected and encouraged. (rev. 2000) • Act On Ethnic Groups (1976) • State Treaty on the reestablishment of independent Austria (1955)

  15. United Kingdom (protection of linguistic minorities) • British Nationality Act (1981) • Race Relations Act (1976) • Welsh language Act (1993) • Government of Wales Act (1998) • Gaelic Language Act (2003) • Stormont Agreement (1999) • Northern Ireland Act (1998)

  16. No official status but different levels of recognition/regulation Portugal The Netherlands Sweden Germany Austria United Kingdom Official status for languages other than the state one: Denmark Italy Spain B. Territorial protection of languages

  17. Denmark (1953)(territorial co-official status) • Part VIII Section 71 (1) Personal liberty shall be inviolable. No Danish subject shall in any manner whatever be deprived of his liberty because of his political or religious convictions or because of his descent. Section 77 (Freedom of Speech) Any person shall be entitled to publish his thoughts in printing, in writing, and in speech, provided that he may be held answerable in a court of justice. Censorship and other preventive measures shall never again be introduced. • Kiel Declaration, 1955 (Bilateral Agreement between Denmark and Germany) • Statute of Autonomy of the Faroe Islands (1948) • Statute of Autonomy of Greenland (1978)

  18. Italy (1947) (territorial co-official status) • Art. 3.1- All citizens possess an equal social status and are equal before the law, without distinction as to sex, race, language, religion, political opinions, and personal or social conditions. • Art. 6-The Republic shall safeguard linguistic minorities by means of special provisions. • Article 116.1- Friuli Venezia Giulia, Sardegna (Sardinia), Sicilia (Sicily), Trentino-Alto Adige / Südtirol and Valle d'Aosta / Vallée d'Aoste enjoy particular forms and conditions of autonomy, according to their special Statutes adopted by constitutional law. • Act on the protection of historical linguistic minorities (1999)

  19. Spain (1978) (territorial co-official status) • Article 31. Castilian is the official Spanish language of the state. All Spaniards have the duty to know it and the right to use it.2. The other languages of Spain will also be official in the respective autonomous communities, in accordance with their Statutes.3. The richness of the linguistic modalities of Spain is a cultural patrimony which will be the object of special respect and protection. […] • Chapter III Autonomous Communities […] • 1. The Autonomous Communities may assume competences in the following: […] • 17. promotion of culture, research, and, when applicable, the teaching of the language of the Autonomous Community;

  20. Institutional level: Ireland Luxembourg Finland Structural/federal level: Belgium C. Linguistic pluralism

  21. Republic of Ireland(1923) (institutional pluralism) • Art. 4The name of the State is Eire, or in the English language, Ireland • Art. 81. The Irish language as the national language is the first official language. 2. The English language is recognized as a second official language. 3. Provision may, however, be made by law for the exclusive use of either of the said languages for any one or more official purposes, either throughout the State or in any part thereof. • Art. 25 4.4. Where the President signs the text of a Bill in one only of the official languages, an official translation shall be issued in the other official language. 6. In case of conflict between the texts of a law enrolled under this section in both the official languages, the text in the national language shall prevail. • Official Languages Act (2003)

  22. Grand-Duchy of Luxembourg (1868) (institutional pluralism) • Art.29 The law shall regulate the use of languages in administrative andjudicial matters. (Rev. 1948) • Act on the Status of Languages (1984)

  23. Finland (1999) (institutional pluralism) • Section 17 - Right to one's language and culture The national languages of Finland are Finnish and Swedish.The right of everyone to use his or her own language, either Finnish or Swedish, before courts of law and other authorities, and to receive official documents in that language, shall be guaranteed by an Act. The public authorities shall provide for the cultural and societal needs of the Finnish-speaking and Swedish-speaking populations of the country on an equal basis.The Sami, as an indigenous people, as well as the Roma and other groups, have the right to maintain and develop their own language and culture. Provisions on the right of the Sami to use the Sami language before the authorities are laid down by an Act. The rights of persons using sign language and of persons in need of interpretation or translation aid owing to disability shall be guaranteed by an Act. • Section 75 - Special legislation for the Åland IslandsThe right of the Legislative Assembly of the Åland Islands to submit proposals and the enactment of Acts passed by the Legislative Assembly of Åland are governed by the provisions in the Act on the Autonomy of the Åland Islands. • Languages Act (2004)

  24. Belgium (1994) (linguistic federalism) • Article 1Belgium is a Federal State made up of Communities and Regions. • Article 2Belgium is made up of three Communities: the French Community, the Flemish Community, and the German-speaking Community. • Article 3 Belgium is made up of three Regions: the Walloon Region, the Flemish Region, and the Brussels Region. • Article 4(1) Belgium has four linguistic regions: the French-speaking Region, the Dutch-speaking Region, the bilingual Region of Brussels-Capital, and the German-speaking Region.(2) Each commune of the Kingdom is part of one of these linguistic regions.(3) The limits of the four linguistic regions can only be changed or modified by a law adopted by majority vote in each linguistic group in each House, on the condition that the majority of the members of each group are gathered together and from the moment that the total of affirmative votes given by the two linguistic groups is equal to at least two thirds of the votes expressed. Other relevant articles: 5, 24, 30, 33, 39, 115, 121-123, 127-130, 134-139, 143, 166, 167, 187-190.

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