European Charter for Regional or Minority Languages
Template:Short description Template:More citations needed Template:Infobox Treaty
The European Charter for Regional or Minority Languages (ECRML) is a European treaty (CETS 148) adopted in 1992 under the auspices of the Council of Europe to protect and promote historical regional and minority languages in Europe. 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.<ref>Gabrielle Bernoville, Europe's forgotten words. The case of the European Regional and minority languages Template:Webarchive, La Regionisto,</ref>
The preparation for the charter was undertaken by the predecessor to the current Congress 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 the Parliamentary Assembly based on the Congress' Recommendations. It only applies to languages traditionally used by the nationals of the State Parties (thus excluding languages used by recent immigrants from other states, see immigrant languages), which significantly differ from the majority or official language (thus excluding what the state party wishes to consider as mere local dialects of the official or majority language)<ref name="Kord">Template:Cite book</ref> 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 as Yiddish, Romani and Lemko, 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.<ref>Hult, F.M. (2004). Planning for multilingualism and minority language rights in Sweden. Language Policy, 3(2), 181-201.</ref>
Languages that are official within regions, provinces or federal units within a State (for example Catalan in Spain) are not classified as official languages of the State and may therefore benefit from the Charter. On the other hand, Ireland has been unable to sign the Charter on behalf of the Irish language (although a minority language) as it is defined as the first official language of the state. The United Kingdom has ratified the Charter in respect to (among other languages) Welsh in Wales, Scots and Gaelic in Scotland, and Irish in Northern Ireland. France, although a signatory, has been constitutionally blocked from ratifying the Charter in respect to the languages 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.
The Charter does not provide procedures for reactive judicial processing in case of lack of compliance but rather an elaborate proactive regular monitoring process in which the Committee of Experts drafts formal feedback and recommendations in regard to the situation in countries parties to the charter.<ref name="Mayer&Langer">Template:Cite book</ref>
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 the United Kingdom, the Welsh language is ratified under the general Part II principles as well as the more specific Part III commitments, while the Cornish language is 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.<ref name="about">Template:Cite web</ref>
- 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:<ref name="about" />
- 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]| Country | Ratification | Language | Notes |
|---|---|---|---|
| Template:Flagcountry | 25 January 2002<ref name="Treaty 148">Template:Cite web</ref> | Assyrian | Part II and III |
| German | Part II | ||
| Greek | Part II and III | ||
| Kurdish | Part II and III | ||
| Russian | Part II and III | ||
| Ukrainian | Part II | ||
| Yezidi | Part II and III | ||
| Template:Flagcountry | 28 June 2001<ref name="Treaty 148"/> | Burgenland Croatian | (in Burgenland) |
| Czech | (in Vienna) | ||
| Hungarian | (in Burgenland and Vienna) | ||
| Romani | (in Burgenland) | ||
| Slovak | (in Vienna) | ||
| Slovene | (in Carinthia and Styria) | ||
| Template:Flagcountry | 21 September 2010<ref name="Treaty 148"/> | Albanian | Part II and III |
| Czech | |||
| German | |||
| Hungarian | |||
| Italian | |||
| Ladino | |||
| Polish | |||
| Romani | |||
| Romanian | |||
| Rusyn (as Ruthenian) | |||
| Slovak | |||
| Slovenian | |||
| Turkish | |||
| Ukrainian | |||
| Yiddish | |||
| Template:Flagcountry | 5 November 1997<ref name="Treaty 148"/> | Czech | |
| German | |||
| Hungarian | |||
| Boyash Romanian | |||
| Istro-Romanian | |||
| Italian | |||
| Romani | |||
| Rusyn (as Ruthenian) | |||
| Serbian<ref name="Kord"/> | |||
| Slovakian | |||
| Slovenian | |||
| Ukrainian | |||
| Template:Flagcountry | 26 August 2002<ref name="Treaty 148"/> | Armenian | Part II (Article 7.5) |
| Cypriot Maronite Arabic | Part II (Article 7) | ||
| Template:Flagcountry | 15 November 2006<ref name="Treaty 148"/> | Moravian Croatian | (part II only) |
| German | (part II and part III in districts Cheb, Karlovy Vary, Sokolov, Liberec, Ústí nad Labem, Český Krumlov, Opava and Svitavy<ref>Template:Cite web</ref>) | ||
| Polish | (part II; and part III in Moravia-Silesia, in districts Frydek-Místek and Karviná) | ||
| Romani | (part II only) | ||
| Slovak | (parts II and III, across the whole territory) | ||
| Template:Flagcountry | 8 September 2000<ref name="Treaty 148"/> | German | (in Southern Jutland) |
| Template:Flagcountry | 9 November 1994<ref>Template:Cite web</ref> | Inari Sami | |
| Karelian | |||
| North Sami | |||
| Romani | |||
| Russian | |||
| Skolt Sami | |||
| Swedish | |||
| Tatar | |||
| Yiddish | |||
| Template:Flagcountry | 16 September 1998<ref name="Treaty 148"/> | Danish | (in Schleswig-Holstein) |
| Low German | (part III in Bremen, Hamburg, Mecklenburg-Vorpommern, Lower Saxony and Schleswig-Holstein); (part II in Brandenburg, Northrhine-Westphalia and Saxony-Anhalt) | ||
| Lower Sorbian | (in Brandenburg) | ||
| North Frisian | (in Schleswig-Holstein) | ||
| Romani | (across Germany) | ||
| Saterland Frisian | (in Lower Saxony) | ||
| Upper Sorbian | (in the Free State of Saxony) | ||
| Template:Flagcountry | 26 April 1995<ref name="Treaty 148"/> | Armenian | |
| Boyash Romanian | |||
| Bulgarian | |||
| Croatian | |||
| German | |||
| Greek | |||
| Polish | |||
| Romani | |||
| Romanian | |||
| Rusyn (as Ruthenian) | |||
| Serbian | |||
| Slovak | |||
| Slovene | |||
| Ukrainian | |||
| Template:Flagcountry | 18 November 1997<ref name="Treaty 148"/> | No regional or minority languages | |
| Template:Flagcountry | 22 June 2005<ref name="Treaty 148"/> | No regional or minority languages<ref>Template:Cite web</ref> | |
| Template:Flagcountry | 15 February 2006<ref name="Treaty 148"/> | Albanian | |
| Bosnian | |||
| Croatian | |||
| Romani | |||
| Template:Flagcountry | 2 May 1996<ref name="Treaty 148"/> | Frisian | (in Friesland, under part III) |
| Limburgish | (in Limburg, under part II) | ||
| Low Saxon | (across the Netherlands, under part II) | ||
| Papiamento | (on Bonaire under part III)<ref>Template:Cite web</ref> | ||
| Romani | (across the Netherlands, under part II) | ||
| Yiddish | (across the Netherlands, under part II) | ||
| Template:Flagcountry | 10 November 1993<ref name="Treaty 148"/> | Kven/Finnish | (part II only) |
| Lule Sami | |||
| North Sami | |||
| Romanes | |||
| Romani | |||
| South Sami | |||
| Template:Flagcountry | 12 February 2009<ref name="Treaty 148"/> | Armenian | |
| Belarusian | |||
| Czech | |||
| German | |||
| Karaim | |||
| Kashub | |||
| Lemko | |||
| Lithuanian | |||
| Romani | |||
| Russian | |||
| Slovakian | |||
| Tatar | |||
| Ukrainian | |||
| Yiddish | |||
| Template:Flagcountry | 29 January 2008<ref name="Treaty 148"/> | Albanian | (Part II only) |
| Armenian | (Part II only) | ||
| Bulgarian | (Part III only) | ||
| Croatian | (Part III only) | ||
| Czech | (Part III only) | ||
| German | (Part III only) | ||
| Greek | (Part II only) | ||
| Hungarian | (Part III only) | ||
| Italian | (Part II only) | ||
| Macedonian | (Part II only) | ||
| Polish | (Part II only) | ||
| Romani | (Part II only) | ||
| Russian | Part II and III | ||
| Rusyn (as Ruthenian) | (Part II only) | ||
| Serbian | (Part III only) | ||
| Slovak | (Part III only) | ||
| Tatar | (Part II only) | ||
| Turkish | (Part III only) | ||
| Ukrainian | (Part III only) | ||
| Yiddish | (Part II only) | ||
| Template:Flagcountry | 15 February 2006<ref name="Treaty 148"/> | Albanian | |
| Bosnian<ref name="Kord"/> | |||
| Bulgarian | |||
| Bunjevac | |||
| Croatian<ref name="Kord"/> | |||
| Czech | |||
| German | |||
| Hungarian | |||
| Macedonian | |||
| Romani | |||
| Romanian | |||
| Rusyn (as Ruthenian) | |||
| Slovakian | |||
| Ukrainian | |||
| Vlach | |||
| Template:Flagcountry | 5 September 2001<ref>Template:Cite web</ref> | Bulgarian | |
| Croatian | |||
| Czech | |||
| German | |||
| Hungarian | |||
| Polish | |||
| Romani | |||
| Russian | |||
| Rusyn (as Ruthenian) | |||
| Serbian | |||
| Ukrainian | |||
| Yiddish | |||
| Template:Flagcountry | 4 October 2000<ref name="Treaty 148"/> | Croatian | |
| German | |||
| Hungarian | |||
| Italian | |||
| Romani | |||
| Serbian | |||
| Template:Flagcountry | 9 April 2001<ref name="Treaty 148"/> | Amazigh | in Melilla |
| Aragonese | luenga propia in Aragon | ||
| Aranese (Occitan) | in Catalonia | ||
| Asturian language | present in Asturias; and in part of Leon, Zamora, Salamanca, Cantabria and Extremadura (recognized in Asturias, Castile and León) | ||
| Basque | (official in the Basque Country and part of Navarre) | ||
| Catalan | official in the Balearic Islands and Catalonia; llengua pròpia in Aragon. | ||
| Darija | in Ceuta | ||
| Extremaduran | in Extremadura | ||
| Fala | in Extremadura | ||
| Galician | present in Galicia; and in part of Asturias, Leon and Zamora provinces (official in Galicia) | ||
| Leonese | |||
| Portuguese | |||
| Valencian (A dialect of Catalan) | official in Valencia<ref name="Valenciano">Template:Cite web</ref> | ||
| Template:Flagcountry | 9 February 2000<ref name="Treaty 148"/> | Finnish | |
| Lule Sami | |||
| Meänkieli | |||
| North Sami | |||
| Romani | |||
| South Sami | |||
| Yiddish | |||
| Template:Flagcountry | 23 December 1997<ref name="Treaty 148"/> | Franco-Provençal | |
| French | |||
| German | |||
| Italian | |||
| Romansh | |||
| Yenish | |||
| Template:Flagcountry | 19 September 2005<ref name="Treaty 148"/> | Armenian | Ukraine does not specify languages by name, but rather ratifies on behalf of "the languages of the following ethnic minorities of Ukraine<ref name="UA">Template:Cite web states the following Ukraine declares that the provisions of the Charter shall apply to the languages of the following ethnic minorities of Ukraine : Armenian, Belarusian, Bulgarian, Gagauz, Greek, Jewish, Crimean Tatar, Moldavian, German, Polish, Russian, Romanian, Slovak and Hungarian.</ref> |
| Belarusian | |||
| Bulgarian | |||
| Crimean Tatar | |||
| Gagauz | |||
| German | |||
| Greek | |||
| Hungarian | |||
| Karaim | |||
| Krimchak | |||
| Moldovan | |||
| Polish | |||
| Romani | |||
| Romanian | |||
| Russian | |||
| Rusyn (as Ruthenian) | |||
| Slovakian | |||
| Yiddish | |||
| Template:Flagcountry | 27 March 2001<ref name="Treaty 148"/> | Cornish | (Article 2, Part II only (Article 7)) |
| Irish | (Articles 2 and 3, Part II (Article 7) and Part III (Articles 8–14, with reservations)) | ||
| Scots | (Articles 2 and 3, Part II only (Article 7)) | ||
| Ulster-Scots | (Articles 2 and 3, Part II only (Article 7)) | ||
| Scottish Gaelic | (Articles 2 and 3, Part II (Article 7) and Part III (Articles 8–14, with reservations)) (British Nationality Act 1981, Schedule 1, Article 1(1)(c)[1], and the Gaelic Language (Scotland) Act 2005 [2]) | ||
| Welsh | (Articles 2 and 3, Part II (Article 7) and Part III (Articles 8–14, with reservations)) (Welsh Language Act 1967 (repealed 21.12.1993) [3] and the Welsh Language Act 1993 [4]) | ||
| Template:Flagcountry | 27 March 2001 | Manx Gaelic | (Article 2, Part II only (Article 7)) (extension : 23 April 2003 (declaration dated 22 April 2003) The Government of the United Kingdom declares [on 23 April 2003] that the Charter should extend to the Isle of Man, being a territory for whose international relations the Government of the United Kingdom is responsible.<ref>Template:Cite web</ref><ref>Template:Cite web</ref> |
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]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 Template:In lang
- 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 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
- 1990s in Strasbourg