Charter for Regional or Minority Languages
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The European Charter for Regional or Minority Languages (ECRML) is a European
treaty A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal per ...
(CETS 148) adopted in 1992 under the auspices of the
Council of Europe The Council of Europe (CoE; french: Conseil de l'Europe, ) is an international organisation founded in the wake of World War II to uphold human rights, democracy and the rule of law in Europe. Founded in 1949, it has 46 member states, with a p ...
to protect and promote historical
regional In geography, regions, otherwise referred to as zones, lands or territories, are areas that are broadly divided by physical characteristics (physical geography), human impact characteristics (human geography), and the interaction of humanity and t ...
and
minority language A minority language is a language spoken by a minority of the population of a territory. Such people are termed linguistic minorities or language minorities. With a total number of 196 sovereign states recognized internationally (as of 2019) ...
s in
Europe Europe is a large peninsula conventionally considered a continent in its own right because of its great physical size and the weight of its history and traditions. Europe is also considered a Continent#Subcontinents, subcontinent of Eurasia ...
. 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. The preparation for the charter was undertaken by the predecessor to the current
Congress of Local and Regional Authorities The Congress of Local and Regional Authorities is the pan-European political assembly representing local and regional authorities from the forty-six member states of the Council of Europe. Its role is to promote local and regional democracy, imp ...
, 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
language Language is a structured system of communication. The structure of a language is its grammar and the free components are its vocabulary. Languages are the primary means by which humans communicate, and may be conveyed through a variety of ...
s traditionally used by the nationals of the State Parties (thus excluding languages used by recent
immigrant Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, ...
s from other states, see
immigrant language Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, a ...
s), which significantly differ from the majority or
official language An official language is a language given supreme status in a particular country, state, or other jurisdiction. Typically the term "official language" does not refer to the language used by a people or country, but by its government (e.g. judiciary, ...
(thus excluding what the state party wishes to consider as mere local dialects of the official or majority language) 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 Yiddish (, or , ''yidish'' or ''idish'', , ; , ''Yidish-Taytsh'', ) is a West Germanic language historically spoken by Ashkenazi Jews. It originated during the 9th century in Central Europe, providing the nascent Ashkenazi community with a ve ...
,
Romani Romani may refer to: Ethnicities * Romani people, an ethnic group of Northern Indian origin, living dispersed in Europe, the Americas and Asia ** Romani genocide, under Nazi rule * Romani language, any of several Indo-Aryan languages of the Roma ...
and
Lemko Lemkos ( rue, Лeмкы, translit= Lemkŷ; pl, Łemkowie; uk, Лемки, translit=Lemky) are an ethnic group inhabiting the Lemko Region ( rue, Лемковина, translit=Lemkovyna; uk, Лемківщина, translit=Lemkivshchyna) of C ...
, 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.Hult, F.M. (2004). Planning for multilingualism and minority language rights in Sweden. ''Language Policy, 3''(2), 181-201. Languages that are official within regions, provinces or federal units within a State (for example
Catalan Catalan may refer to: Catalonia From, or related to Catalonia: * Catalan language, a Romance language * Catalans, an ethnic group formed by the people from, or with origins in, Northern or southern Catalonia Places * 13178 Catalan, asteroid #1 ...
in
Spain , image_flag = Bandera de España.svg , image_coat = Escudo de España (mazonado).svg , national_motto = '' Plus ultra'' (Latin)(English: "Further Beyond") , national_anthem = (English: "Royal March") , ...
) are not classified as official languages of the State and may therefore benefit from the Charter. On the other hand,
Ireland Ireland ( ; ga, Éire ; Ulster-Scots: ) is an island in the North Atlantic Ocean, in north-western Europe. It is separated from Great Britain to its east by the North Channel, the Irish Sea, and St George's Channel. Ireland is the s ...
has not been able to sign the Charter on behalf of the
Irish language Irish (Standard Irish: ), also known as Gaelic, is a Goidelic language of the Insular Celtic branch of the Celtic language family, which is a part of the Indo-European language family. Irish is indigenous to the island of Ireland and was ...
(although a minority language) as it is defined as the first official language of the state. The
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
has ratified the Charter in respect to (among other languages)
Welsh Welsh may refer to: Related to Wales * Welsh, referring or related to Wales * Welsh language, a Brittonic Celtic language spoken in Wales * Welsh people People * Welsh (surname) * Sometimes used as a synonym for the ancient Britons (Celtic peopl ...
in
Wales Wales ( cy, Cymru ) is a country that is part of the United Kingdom. It is bordered by England to the east, the Irish Sea to the north and west, the Celtic Sea to the south west and the Bristol Channel to the south. It had a population in ...
, Scots and
Gaelic Gaelic is an adjective that means "pertaining to the Gaels". As a noun it refers to the group of languages spoken by the Gaels, or to any one of the languages individually. Gaelic languages are spoken in Ireland, Scotland, the Isle of Man, an ...
in Scotland, and
Irish Irish may refer to: Common meanings * Someone or something of, from, or related to: ** Ireland, an island situated off the north-western coast of continental Europe ***Éire, Irish language name for the isle ** Northern Ireland, a constituent unit ...
in
Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label=Ulster Scots dialect, Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is #Descriptions, variously described as ...
.
France France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
, although a signatory, has been constitutionally blocked from ratifying the Charter in respect to the
languages of France Of the languages of France, French is the sole official language according to the second article of the French Constitution. French, a Gallo-Romance language, is spoken by nearly the entire population of France. In addition to French, several ...
. 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.


Protections

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 United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
, the
Welsh language Welsh ( or ) is a Celtic language of the Brittonic subgroup that is native to the Welsh people. Welsh is spoken natively in Wales, by some in England, and in Y Wladfa (the Welsh colony in Chubut Province, Argentina). Historically, it h ...
is ratified under the general Part II principles as well as the more specific Part III commitments, while the
Cornish language Cornish (Standard Written Form: or ) , is a Southwestern Brittonic language of the Celtic language family. It is a revived language, having become extinct as a living community language in Cornwall at the end of the 18th century. However, ...
is ratified only under Part II.


Part II

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. *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

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: *Education *Judicial authorities *Administrative authorities and public services *Media *Cultural activities and facilities *Economic and social life *Transfrontier exchanges


Languages protected under the Charter


See also

*
European languages Most languages of Europe belong to the Indo-European language family. Out of a total European population of 744 million as of 2018, some 94% are native speakers of an Indo-European language. Within Indo-European, the three largest phyla are Ro ...
*
Framework Convention for the Protection of National Minorities The Framework Convention for the Protection of National Minorities (FCNM) is a multilateral treaty of the Council of Europe aimed at protecting the rights of minorities. It came into effect in 1998 and by 2009 it had been ratified by 39 member ...
*
Languages of the European Union The European Union (EU) has 24 official languages, of which threeEnglish, French and Germanhave the higher status of "procedural" languages of the European Commission (whereas the European Parliament accepts all official languages as working l ...
*
Linguistic rights Linguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere. Other parameters for analyzing linguistic rights include the ...
*
List of Linguistic Rights in Constitutions (Europe) Linguistic rights in Europe are stated in constitutions which differ by country. These constitutions usually state the national language or official language, and may or may not explicitly allow for other languages in the country. Most of the lin ...
*
Universal Declaration of Linguistic Rights The Universal Declaration of Linguistic Rights (known also as the Barcelona Declaration) is a document signed by the International PEN Club, and several non-governmental organizations in 1996 to support linguistic rights, especially those of endang ...


Notes and references


External links


European Charter for Regional or Minority Languages textMore information on the treatyCharter websiteEurolang (News agency about minority languages in Europe)

Application of the European Charter for Regional or Minority Languages,Doc. 12881
{{Authority control Linguistic rights Charter for Regional or Minority Language 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 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