Techniques for Protecting Minority Languages under Belgian Federalism

2016 ◽  
Vol 23 (2) ◽  
pp. 211-236
Author(s):  
Ludo Veny ◽  
Brecht Warnez
Keyword(s):  
Minority Languages ◽  
Language Group ◽  
Council Of Europe ◽  
National Minorities ◽  
Language Groups ◽  
Major Language ◽  
French Speaking ◽  
Regional Or Minority Languages ◽  
Federal Structure

As one of the few countries in the Council of Europe, Belgium has, to date, not ratified the Framework Convention for the Protection of National Minorities as well as the European Charter for Regional or Minority Languages. Nevertheless, minorities are protected in Belgium due to its specific federal structure. Several instruments provide a balance between the two major language groups in the country: the Flemish and the French-speaking language group. This article focuses on these special techniques and situates them in the historical and specific judicial background of Belgium.

scholarly journals The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?

2011 ◽  
Vol 2 (1) ◽  
pp. 347-366
Author(s):  
Alessia Vacca
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
Treaty Of Lisbon ◽  
National Minorities ◽  
Charter Of Fundamental Rights ◽  
Regional Or Minority Languages

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

Language Rights of European Minorities in the Administration of Justice, Public Administration and Public Services

2021 ◽  
Vol 18 (1) ◽  
pp. 113-140
Author(s):  
Noémi Nagy
Keyword(s):  
Public Administration ◽  
International Organizations ◽  
Public Services ◽  
Minority Languages ◽  
Language Rights ◽  
The European Union ◽  
Council Of Europe ◽  
National Minorities ◽  
Administration Of Justice ◽  
Regional Or Minority Languages

This article provides an overview of European minorities’ language rights in the administration of justice, public administration, and public services in 2019. Relevant legal developments are presented in the activities of the major international organizations, i.e. the United Nations, the Organization for Security and Cooperation in Europe, the European Union, and the Council of Europe. Since the most relevant treaties on the language rights of minorities in Europe are the European Charter for Regional or Minority Languages and the Framework Convention for the Protection of National Minorities, special attention is paid to the implementation thereof. Whereas international monitoring mechanisms devoted to the effective protection of minorities are abundant, language rights of national minorities receive less attention, especially in the fields of official language use, that is, in public administration and justice. The regulation of these areas has been traditionally considered as almost exclusively belonging to the states’ competence, and international organizations are consequently reluctant to interfere. As a result, the official use of minority languages differs in the various countries of Europe, with both good practices (e.g. the Netherlands, Spain, Finland) and unbalanced situations (e.g. Estonia, Ukraine, Azerbaijan).

scholarly journals The problem of developing multilingualism skills in the European educational context

2020 ◽  
pp. 109-117
Author(s):  
Mariya Vynarchyk
Keyword(s):  
Personal Development ◽  
Mother Tongue ◽  
Educational Institutions ◽  
Scientific Article ◽  
Minority Languages ◽  
Educational Context ◽  
Council Of Europe ◽  
Scientific Cooperation ◽  
Language Competence ◽  
Regional Or Minority Languages

The scientific article explores the problem of developing multilingualism skills in the European educational context. For this purpose, the task was to analyze the conditions and ways of realizing the problem of multilingualism in the modern educational field and to study the features of European multilingualism in the context of cultural diversity. The methodology of the study is based on the coverage and analysis of cognitive and practical multilingualism skills. European education policy is analyzed. Addressing the issue of multilingualism is one of the most important activities of the Council of Europe, the European Commission and is covered by the European Charter for Regional or Minority Languages and in numerous resolutions of international conferences and symposia. It is established that one of the main goals of education in a democratic society is not only respect for human rights, but also the development of knowledge, skills and abilities of students, their preparation for life in civil society. Research has shown that multilingual people in Europe have advantages over monolinguals. More than half of all Europeans say they speak at least one language other than their mother tongue. The study showed that multilingualism is beneficial for people who are supporters of intercultural and linguistic interaction based on tolerance and humanism. Modern European educational policy is aimed at developing multilingual skills. This demonstrates the importance and timeliness of solving the problem in the educational environment with the active support of students and teachers, the financial capacity of European educational programs and projects of governments of leading European countries. As part of this task, it is important to actively support the mobility of students and teachers, to develop scientific cooperation, cultural interaction. Thanks to the intensive development of multilingual skills, it is possible to achieve the required level of language competence of students as a basis for their further learning and self-improvement. Since the modern educational community is focused on the highest human values, the personal development of schoolchildren and students is considered a priority for the functioning of European educational institutions.

International Developments 2016: Economic, Social, and Cultural Life, Including Education and the Media, in the Context of European Minorities and from the Perspective of International Law

2018 ◽  
Vol 15 (01) ◽  
pp. 51-89
Author(s):  
Mariya Riekkinen
Keyword(s):  
International Law ◽  
Social Life ◽  
Minority Rights ◽  
Minority Languages ◽  
Council Of Europe ◽  
National Minorities ◽  
Cultural Life ◽  
Scope Of Application ◽  
The Media ◽  
The Eu

From the perspective of the rights of minorities in Europe, this section overviews international developments concerning economic and socio-cultural entitlements, including those related to education and the media. It is thematically structured around two clusters related to the minority rights: (a) cultural activities and facilities, including the media; and (b) economic and social life, including education, which are covered by the provisions of the European Charter for Regional and Minority Languages (ETS. No. 148). This review starts with an analysis of the 2016 developments at the UN level, and continues with an overview of advancements at the levels of the OSCE, the EU, and the Council of Europe. The adoption of the Thematic Commentary No. 4 “The Scope of Application of the Framework Convention for the Protection of National Minorities” by the Advisory Committee on the Framework Convention for the Protection of National Minorities (ACFC) is among the most important highlights.

Linguistic Minority Rights in the Danish-German Border Region: Reciprocity and Public Administration Policies

2016 ◽  
Vol 23 (4) ◽  
pp. 485-504 ◽  
Author(s):  
Tove H. Malloy ◽  
Sonja Wolf
Keyword(s):  
Public Administration ◽  
Minority Rights ◽  
International Standards ◽  
Border Region ◽  
Minority Languages ◽  
Policy Reforms ◽  
Linguistic Minority ◽  
National Minorities ◽  
The Government ◽  
Regional Or Minority Languages

Language equality is not public policy in Denmark or Germany, and neither country has adopted an official state language constitutionally. Both countries protect minority languages through regional and local statutes on culture and education and have signed relevant international standards on linguistic rights for minorities and protection of regional or minority languages. Neither system is very transparent, nor comprehensive. This has created consternation and dissatisfaction among the national minorities residing in the Danish-German border region resulting in recent tensions in the municipalities in Southern Denmark, whereas the government of Schleswig-Holstein decided in 2015 to address the issue with policy reforms for public administration. This article focuses on linguistic minority rights in the Danish-German border region with specific attention to minority languages in public administration and specifically to the on-going reforms in Schleswig-Holstein.

scholarly journals INTERNATIONAL LEGAL MECHANISM FOR THE PROTECTION OF NATIONAL MINORITIES: FROM THE ORIGINS TO THE PRESENT TIMES

2019 ◽  
Keyword(s):  
Political Life ◽  
Minority Languages ◽  
Access To Justice ◽  
International Institute ◽  
Political Rights ◽  
Linguistic Minorities ◽  
European Security ◽  
National Minorities ◽  
High Commissioner ◽  
Regional Or Minority Languages

The article analyzes the formation and development of an international institute for the protection of the rights of national minorities, focusing on the role of the League of Nations in this field. The provisions of universal acts adopted under the auspices of the United Nations, in particular, the International Covenant on Civil and Political Rights 1966, the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities of 1992, are disclosed. The following international regional acts are described: the European Charter for Regional or Minority Languages of 5 November 1992, Framework Convention for the Protection of National Minorities, 1995, the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE of 1990, European Security Charter of 1999, the Oslo Recommendations Regarding the Linguistic Rights of National Minorities of 1998, the Lund Recommendations on the Effective Participation of National Minorities in the Political and Political Life of 1999, Recommendations Promoting the Participation of National Minorities in the Electoral Process of 2001, Recommendations on the Use of Minority Languages in Broadcasting of 2003, Recommendations on Policing in a Multinational Society of 2006, Bolzano/Bozen Recommendations on National Minorities in Inter-State Relations of 2008, The Ljubljana Guidelines on Integration of Diverse Societies of 2012, the Graz Recommendations on Access to Justice and National Minorities of 2017; their key provisions and role in protecting national minorities are identified. Considering the fact that at the international universal and regional level institutional bodies and officials are responsible for protecting the rights of national minorities, the powers of the OSCE High Commissioner on National Minorities and the mandate of the Special Rapporteur on minority issues have been disclosed. The focus is also on the Minority Forum, which serves as a platform to encourage dialogue and cooperation on issues relating to persons belonging to national or ethnic, religious and linguistic minorities. The relevant conclusions are drawn.

Territoriality and Minority Language Rights

2016 ◽  
Vol 23 (4) ◽  
pp. 429-453 ◽  
Author(s):  
Balázs Vizi
Keyword(s):  
Language Use ◽  
Minority Language ◽  
Political Control ◽  
Special Focus ◽  
Minority Languages ◽  
Language Rights ◽  
Council Of Europe ◽  
Technical Approach ◽  
National Minorities ◽  
Minority Language Rights

Territorial principle emerges not only in domestic legislations on language rights, but also in international documents. The article aims at offering an overview of the interpretations of territoriality in international documents relevant for minority language rights, with a special focus on the European Charter for Regional and Minority Languages and the Framework Convention for the Protection of National Minorities. While states often use territorial requirements as a tool of political control over minority language use, the interpretation of their obligations under the two Council of Europe treaties would require a more practical and technical approach to territorial limitations.

Observing Minority Rights in the Administration of Justice and Public Administration: European Developments in 2016

2018 ◽  
Vol 15 (01) ◽  
pp. 113-147
Author(s):  
Noemi Nagy
Keyword(s):  
Case Law ◽  
Special Focus ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
National Minorities ◽  
European Court ◽  
Administration Of Justice ◽  
The Status ◽  
Judicial Proceedings

This article overviews the 2016 developments concerning the status and rights of European minorities with respect to administrative and judicial proceedings, with special focus on language rights. The longest section of the article is devoted to the activities of the Council of Europe, including the case-law of the European Court of Human Rights and the implementation of the European Charter for Regional and Minority Languages, as well as the Framework Convention for the Protection of National Minorities. Furthermore, the relevant legal developments in the activities of the United Nations, the Organization for Security and Cooperation in Europe and the European Union are presented.

Sign in / Sign up

Export Citation Format

Share Document