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--- general_information:european_legislation [2024/06/27 16:21] – [European Charter for Regional and Minority languages (1992)] ydwine
+++ general_information:european_legislation [2024/06/27 16:54] (current) – [Monitoring cycle] ydwine
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-====== European treaties - minority languages ======
+====== European treaties - regional or minority languages ======
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 There are two European [[general_information:glossary_of_terms#Treaty|treaties]], both by the [[general_information:glossary_of_terms#Council of Europe|Council of Europe]]. Individual member states can legally commit to these treaties by [[general_information:glossary_of_terms#Signature of a treaty|signature]] and/or [[general_information:glossary_of_terms#Ratification of a treaty|ratification]]. F
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-===== European Charter for Regional and Minority languages (1992) =====
+===== European Charter for Regional and Minority languages (ECRML; 1992) =====
   * Set up by the [[general_information:glossary_of_terms#Council of Europe|Council of Europe]]
   * [[http://www.coe.int/en/web/conventions/full-list/-/conventions/treaty/148/signatures|State parties]] which have ratified the Charter are expected to uphold its policies.
   * Offers protection for "regional or minority languages” defined as languages traditionally used within a given territory of a state by nationals of that state who form a group numerically smaller than the rest of the state’s population; they are different from the official language(s) of that state, and they include neither dialects of the official language(s) of the state nor the languages of migrants.
-  * View the text of the Charter (and translations) [[https://www.coe.int/en/web/european-charter-regional-or-minority-languages/text-of-the-charter|here]].
+  * View the text of the ECRML(and translations) [[https://www.coe.int/en/web/european-charter-regional-or-minority-languages/text-of-the-charter|here]].
 ==== Principles ====
-The Charter operates similar to other covenants: it proposes measures that nations, which ratify the Charter, should take. In the Charter's case, these measures are divided into two separate sets called "Part II" and "Part III":
+The ECRML operates similar to other treaties: it proposes measures that nation states, which ratify the Charter, should take. In the case of the ECRML, these measures are divided into two parts, "Part II" and "Part III":
-  * Part II represents a set of general provisions, which apply to all minority languages within a member state's territory;
-  * Part III represents a set of additional provisions, which apply to a subselection of minority languages, that receive additional protection.
+  * Part II - Objectives and principles, which apply to all regional and minority languages recognised by a member state;
+  * Part III - A language recognised under part III has a higher level of protection, as more concrete measures are ratified to promote the use of regional or minority languages.
 Look [[http://www.coe.int/en/web/conventions/search-on-treaties/-/conventions/treaty/148/declarations|here]] for an overview of which language is protected by which Part of the Charter.
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   - With regard to education and in respect of territories other than those in which the regional or minority languages are traditionally used, the Parties undertake, if the number of users of a regional or minority language justifies it, to allow, encourage or provide teaching in or of the regional or minority language at all the appropriate stages of education.
-==== Monitoring ====
+==== Monitoring cycle ====
-To determine whether member states uphold the policies of the Charter, a delegate from the Council of Europe visits the member states every few years and reports about their compliance.
+The Council of Europe has set up a [[https://www.coe.int/en/web/european-charter-regional-or-minority-languages/reports-and-recommendations|monitoring cycle]], which includes:
+  - a periodical report sent in by the State Parties;
+  - a visit to the country by the Committee of Experts, which writes a report afterwards with its observations and recommendations for a better implementation;
+  - a short list of final recommendations from the Committee of Ministers to the State Parties.
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 =====Framework Convention for the Protection of National Minorities (1995)=====
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   * View the text of the Framework Convention [[https://www.coe.int/en/web/conventions/full-list/-/conventions/rms/090000168007cdac|here]] (English version).
-==== Priniples ====
+==== Principles ====
 The Framework Convention proposes principles that nations, which ratify the Framework Convention, should respect and achieve. Concerning education, a few articles stand out:
@@ Line 99: / Line 107: @@
   - Paragraph 2 of this article shall be implemented without prejudice to the learning of the official language or the teaching in this language.
-==== Monitoring ====
+==== Monitoring cycle ====
-The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities.
+The Council of Europe has set up a [[https://www.coe.int/en/web/minorities/country-specific-monitoring|monitoring cycle]], which includes:
+  - a state report sent in by the State Parties;
+  - a visit to the country by the Advisory Committee, which writes a report (opinion) afterwards with its observations and recommendations for a better implementation;
+  - a short list of final recommendations from the Committee of Ministers to the State Parties;
+  - a follow-up dialogue on the results of the monitoring
 To determine whether member states uphold the principles of the Framework Convention, an Advisory Committee delegation visits the member states every few years and [[https://www.coe.int/en/web/minorities/country-specific-monitoring|reports]] about their compliance, to which the nation state will react and comment.