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.

osce High Commissioner on National Minorities on the Use of Languages in Relations with the Public Administration, and on the Supervision and Enforcement of Linguistic Requirements

2016 ◽  
Vol 23 (2) ◽  
pp. 237-249
Author(s):  
Iryna Ulasiuk ◽  
Laurentiu Hadirca
Keyword(s):  
Public Administration ◽  
Minority Rights ◽  
Conflict Prevention ◽  
Linguistic Minority ◽  
The Public ◽  
Linguistic Rights ◽  
National Minorities ◽  
High Commissioner ◽  
Fair Balance ◽  
State Language

Linguistic rights and their implications for societal cohesion and state stability, have been recognized as a core component in the conflict prevention work of the Organization for Security and Co-operation in Europe High Commissioner on National Minorities (osce hcnm). Linguistic and associated rights proved a challenge in many osce Participating States, and the hcnm repeatedly advised the relevant authorities on how to secure a fair balance between the promotion of the state language and the protection of linguistic minority rights. This article overviews the advice which the successive hcnms have throughout the years put forward on two key areas touching upon the linguistic rights of national minorities – namely, the use of languages in relations with the public administration, and the supervision and enforcement of linguistic requirements – and analyses how this advice aligns with the recommendations put forward by other international actors and institutions working on minority rights and minority issues.

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 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

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.

scholarly journals Status prawny mniejszości narodowych w Republice Słowackiej

2021 ◽  
Vol 15 ◽  
pp. 93-111
Author(s):  
Aleksandra Puzyniak
Keyword(s):  
Legal Status ◽  
Slovak Republic ◽  
National Minority ◽  
Minority Languages ◽  
The European Union ◽  
National Minorities ◽  
Legal Method ◽  
The Law ◽  
The Republic ◽  
The Government

Położenie mniejszości narodowych na terenie Republiki Słowackiej regulują liczne akty prawne. Wśród nich znajdują się dokumenty przyjmowane na gruncie krajowym oraz rozwiązania o charakterze międzynarodowym. Celem niniejszego artykułu jest przedstawienie treści najważniejszych ustaw oraz dokumentów, które wpływają na położenie mniejszości narodowych na Słowacji, a także przybliżenie reakcji organizacji międzynarodowych na wprowadzane przez Bratysławę regulacje prawne. The legal status of national minorities in the Slovak Republic The location of national minorities in the territory of the Slovak Republic is regulated by numerous national acts, the most important of which are the constitution, the law on the use of national minority languages and the law on the state language. References to national minorities can be found in many other acts, such as the Act on counteracting discrimination, the Act on Upbringing and Education and the Act on Radio and Television. The issue of minorities is also raised in bilateral agreements, an example of which is the agreement on good neighbourliness and friendly cooperation between the Slovak Republic and the Republic of Hungary. The legal situation of minorities in Slovakia is also influenced by international organizations to which Bratislava belongs. In this case, the Council of Europe’s most significant influence, the European Union, the Central European Initiative and the United Nations. Over the years, the Slovak authorities have also created institutions responsible for activities for national minorities, and among them, an important function is performed by the Government Plenipotentiary of the Slovak Republic for National Minorities. This article aims to analyse the legal acts and institutions regulating the legal status of national minorities in Slovakia. The publication is also intended to show that the issue of minorities is covered in many legal solutions, and the Slovak authorities have developed a system of protection and support for this community over the years. The author used the institutional and legal method.

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.

scholarly journals Laws on multi-lingual public inscriptions in the Republic of Serbia and their implementation in practice in the Vojvodina province

1997 ◽  
Vol 69 (3) ◽  
pp. 439-447
Author(s):  
Tamaš Korhec
Keyword(s):  
Human Rights ◽  
Minority Rights ◽  
Minority Languages ◽  
Legal Norms ◽  
National Minorities ◽  
Legal Provisions ◽  
The Republic ◽  
The Right ◽  
Vojvodina Province

Many international documents for the protection of national minorities guarantee the right - in areas populated by national minorities - for the use of minority languages on public inscriptions (geographic names, street names etc.). Previous Vojvodina Laws, as well as the actual Serbian Law (Law on official use of language and script from 1991) prescribe that ..public inscriptions shall be in minority languages as well, in areas populated with minorities". Furthermore Serbian Law provides heavy fines for violators (from 400 dem-24000 dem in Dinars). In spite of clear legal norms and sanctions, these pro-minority provisions are very often violated in practice. Whatsmore, according to the recent study of one Human Rights NGO from Subotica ..Equality" Republican state organs often prevail in violation, of course allways for the loss of minority languages. According to this study procedures were never initiated, or nobody was ever fined for these violations. It is characteristic that, as in other areas the pretty correct legal provisions are not implemented if the regime have no interest - as in case of minority rights.

International Developments 2015: Cultural Activities and Facilities, Including the Media

2017 ◽  
Vol 14 (1) ◽  
pp. 90-119
Author(s):  
Mariya Riekkinen
Keyword(s):  
Freedom Of Expression ◽  
Minority Rights ◽  
Minority Languages ◽  
Council Of Europe ◽  
Cultural Activities ◽  
Cultural Rights ◽  
Legal Context ◽  
The Media ◽  
Regional Or Minority Languages ◽  
Point Of Departure

This section gives an overview of international developments from the perspective of minority rights concerning cultural activities and cultural facilities, as well as the issues of the media and, more broadly, freedom of expression. In dealing with cultural activities and facilities, it departs from the provisions of Article 12 of the European Charter for Regional and Minority Languages (ETS No. 148). Although the provisions of the European Charter for Regional or Minority Languages provide the conceptual point of departure, this section does not limit its analysis to only language issues but addresses a wider framework of cultural rights of persons belonging to minorities. International developments in the said fields are tracked not only at the European level of minority rights regulation but also at the level of the United Nations. By examining the UN praxis in the area of minority rights, we remain focused on minority issues, including indigenous issues, within the European legal context. This section starts with the analysis of the 2015 developments inside the un, and continues to address those of the OSCE, the EU, and the Council of Europe.

SPECIFICS OF THE IDEA OF PARTICIPATORY MANAGEMENT AS A THEORETICAL BASIS FOR IMPROVING THE NATIONAL SECURITY SYSTEM OF UKRAINE

2020 ◽  
Vol 7 (1) ◽  
pp. 275-286
Author(s):  
Diana Kostenko
Keyword(s):  
National Security ◽  
Public Administration ◽  
Security System ◽  
Theory And Practice ◽  
International Standards ◽  
Participatory Management ◽  
Public Administration Reform ◽  
Research Problems ◽  
The Government ◽  
The Individual

Today the Ukrainian state is implementing the public administration reform according to European and international standards. This circumstance determines the need to study the problems of the theory and practice of public administration of national security. By the efforts of domestic scientists, namely: V. Abramov, O. Bortnikova, O. Zozula, H. Savranska, M. Shevchenko, the issue of implementing the participatory function of the national security system of Ukraine is being developed. Today, there are still few works that address the issues of improving the system of ensuring the national security of Ukraine based on the implementation of the idea of participatory management. The purpose of the article is to reveal the specifics of the conceptual idea of participatory management as a theoretical prerequisite for improving the national security system of Ukraine. The article analyzes the phenomenon of public administration, examines the structure and functions of the national security system, and defines the problems of organizing participatory management in the field of national security of Ukraine. Methods of analysis and synthesis, comparative analysis, and institutional approach were used to solve the research problems. The essence of the idea of participatory management, which consists of the integrity of the management process from the identification of the interests of the individual, community, society to the evaluation of the results of their solutions, is clarified. It is proved that the effective implementation of the participatory function of the national security system solves the problem of public participation in political decision-making and control over the actions of the government, as well as contributes to improving the effectiveness of the national security system.

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.

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