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general_information:european_legislation [2020/02/24 16:01]
ydwine [European covenants]
general_information:european_legislation [2021/05/25 13:51] (current)
ydwine [Part III]
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-====== European covenants ======+====== European covenants ​concerning minority languages ​======
  
 ---- ----
 +Legislation concerning European minority languages is determined by each souvereign state. There are two European [[general_information:​glossary_of_terms#​Treaty|treaties]] which are defined and reported on 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]]. The two treaties concerning minority and/or regional languages are:
 +  * The Charter for Regional and Minority languages
 +  * The Framework Convention for the Protection of National Minorities
  
-==== Charter for Regional and Minority languages (1992) ====+---- 
 + 
 +===== Charter for Regional and Minority languages (1992) ​=====
  
   * Set up by the [[general_information:​glossary_of_terms#​Council of Europe|Council of Europe]]   * Set up by the [[general_information:​glossary_of_terms#​Council of Europe|Council of Europe]]
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   * 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. ​   * 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 [[http://​www.coe.int/​en/​web/​conventions/​full-list/​-/​conventions/​rms/​0900001680695175|here]] (English version).   * View the text of the Charter [[http://​www.coe.int/​en/​web/​conventions/​full-list/​-/​conventions/​rms/​0900001680695175|here]] (English version).
 +
 +==== 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 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":
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 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. 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.
  
 +==== Part II ====
 +
 +Part II describes several objectives and principles on which Parties shall base their policies, legislation and practice. Concerning education, a few articles stand out:
 +
 +=== article 1===  ​
 +  * c) the need for resolute action to promote regional or minority languages in order to safeguard them;
 +  * d) the facilitation and/or encouragement of the use of regional or minority languages, in speech and writing, in public and private life;
 +  * f) the provision of appropriate forms and means for the teaching and study of regional or minority languages at all appropriate stages;
 +  * g) the provision of facilities enabling non-speakers of a regional or minority language living in the area where it is used to learn it if they so desire;
 +  * h) the promotion of study and research on regional or minority languages at universities or equivalent institutions;​
 +
 +=== article 2 ===
 +The Parties undertake to eliminate, if they have not yet done so, any unjustified distinction,​ exclusion, restriction or preference relating to the use of a regional or minority language and intended to discourage or endanger the maintenance or development of it. The adoption of special measures in favour of regional or minority languages aimed at promoting equality between the users of these languages and the rest of the population or which take due account of their specific conditions is not considered to be an act of discrimination against the users of more widely-used languages.
 +
 +=== article 3 ===
 +The Parties undertake to promote, by appropriate measures, mutual understanding between all the linguistic groups of the country and in particular the inclusion of respect, understanding and tolerance in relation to regional or minority languages among the objectives of education and training provided within their countries and encouragement of the mass media to pursue the same objective.
 +
 +
 +==== Part III ====
 +
 +In addition to Part II, languages can also be recognized under Part III. Part III covers education; judicial authorities;​ administrative authorities and public services; media; cultural activities and facilities; economic and social life; and transfrontier exchanges. The country has to apply a minimum of 35 (sub-)paragraphs from Part III, including at least three (3) from Article 8 on Education. ​
 + 
 +=== Article 8 – Education ===
 +
 +  - With regard to education, the Parties undertake, within the territory in which such languages are used, according to the situation of each of these languages, and without prejudice to the teaching of the official language(s) of the State:
 +    - i  to make available pre-school education in the relevant regional or minority languages; or \\  ii to make available a substantial part of pre-school education in the relevant regional or minority languages; or \\ iii to apply one of the measures provided for under i and ii above at least to those pupils whose families so request and whose number is considered sufficient; or \\ iv if the public authorities have no direct competence in the field of pre-school education, to favour and/or encourage the application of the measures referred to under i to iii above;
 +    - i to make available primary education in the relevant regional or minority languages; or \\ ii to make available a substantial part of primary education in the relevant regional or minority languages; or \\ iii to provide, within primary education, for the teaching of the relevant regional or minority languages as an integral part of the curriculum; or \\ iv to apply one of the measures provided for under i to iii above at least to those pupils whose families so request and whose number is considered sufficient;
 +    - i to make available secondary education in the relevant regional or minority languages; or \\ ii to make available a substantial part of secondary education in the relevant regional or minority languages; or \\ iii to provide, within secondary education, for the teaching of the relevant regional or minority languages as an integral part of the curriculum; or \\ iv to apply one of the measures provided for under i to iii above at least to those pupils who, or where appropriate whose families, so wish in a number considered sufficient;
 +    - i to make available technical and vocational education in the relevant regional or minority languages; or \\ ii to make available a substantial part of technical and vocational education in the relevant regional or minority languages; or \\ iii to provide, within technical and vocational education, for the teaching of the relevant regional or minority languages as an integral part of the curriculum; or \\          iv to apply one of the measures provided for under i to iii above at least to those pupils who, or where appropriate whose families, so wish in a number considered sufficient;
 +    - i to make available university and other higher education in regional or minority languages; or \\ ii to provide facilities for the study of these languages as university and higher education subjects; or \\ iii if, by reason of the role of the State in relation to higher education institutions,​ sub-paragraphs i and ii cannot be applied, to encourage and/or allow the provision of university or other forms of higher education in regional or minority languages or of facilities for the study of these languages as university or higher education subjects;
 +    - i to arrange for the provision of adult and continuing education courses which are taught mainly or wholly in the regional or minority languages; or \\ ii to offer such languages as subjects of adult and continuing education; or \\ iii if the public authorities have no direct competence in the field of adult education, to favour and/or encourage the offering of such languages as subjects of adult and continuing education;
 +    - to make arrangements to ensure the teaching of the history and the culture which is reflected by the regional or minority language;
 +    - to provide the basic and further training of the teachers required to implement those of paragraphs a to g accepted by the Party;
 +    - to set up a supervisory body or bodies responsible for monitoring the measures taken and progress achieved in establishing or developing the teaching of regional or minority languages and for drawing up periodic reports of their findings, which will be made public.
 +  - 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 ====
 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. 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.
  
 ---- ----
-====Framework Convention for the Protection of National Minorities (1995)====+=====Framework Convention for the Protection of National Minorities (1995)=====
  
   * Set up by the [[general_information:​glossary_of_terms#​Council of Europe|Council of Europe]].   * Set up by the [[general_information:​glossary_of_terms#​Council of Europe|Council of Europe]].
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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).   * View the text of the Framework Convention [[https://​www.coe.int/​en/​web/​conventions/​full-list/​-/​conventions/​rms/​090000168007cdac|here]] (English version).
  
-The Framework Convention proposes principles that nations, which ratify the Framework Convention, should respect and achieve. ​+==== Priniples ==== 
 +The Framework Convention proposes principles that nations, which ratify the Framework Convention, should respect and achieve. Concerning education, a few articles stand out: 
 + 
 +===Article 5=== 
 + 
 +  - 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. 
 +  - Without prejudice to measures taken in pursuance of their general integration policy, the Parties shall refrain from policies or practices aimed at assimilation of persons belonging to national minorities against their will and shall protect these persons from any action aimed at such assimilation. 
 + 
 +=== Article 6 === 
 + 
 +  - The Parties shall encourage a spirit of tolerance and intercultural dialogue and take effective measures to promote mutual respect and understanding and co-operation among all persons living on their territory, irrespective of those persons'​ ethnic, cultural, linguistic or religious identity, in particular in the fields of education, culture and the media. 
 +  - 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.  
 + 
 +=== Article 12 === 
 + 
 +  - The Parties shall, where appropriate,​ take measures in the fields of education and research to foster knowledge of the culture, history, language and religion of their national minorities and of the majority. 
 +  - In this context the Parties shall inter alia provide adequate opportunities for teacher training and access to textbooks, and facilitate contacts among students and teachers of different communities. 
 + 
 +=== Article 13 === 
 +  - Within the framework of their education systems, the Parties shall recognise that persons belonging to a national minority have the right to set up and to manage their own private educational and training establishments. 
 +  - The exercise of this right shall not entail any financial obligation for the Parties.  
 + 
 +=== Article 14 === 
 +  - The Parties undertake to recognise that every person belonging to a national minority has the right to learn his or her minority language. 
 +  - 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 in this language. 
 +  - Paragraph 2 of this article shall be implemented without prejudice to the learning of the official language or the teaching in this language
  
 +==== Monitoring ====
 +The Parties undertake to promote equal opportunities for access to education at all levels for persons belonging to national minorities. ​
 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. 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.
  
-==Modified: 24-02-2020== 
general_information/european_legislation.1582556513.txt.gz · Last modified: 2020/02/24 16:01 by ydwine

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