scholarly journals Language rights and the Council of Europe: A failed response to a multilingual continent?

Ethnicities ◽  
2016 ◽  
Vol 17 (5) ◽  
pp. 603-626 ◽  
Author(s):  
Philip McDermott
Keyword(s):  
Human Rights ◽  
Linguistic Diversity ◽  
European Convention ◽  
Minority Languages ◽  
Language Rights ◽  
Language Recognition ◽  
Council Of Europe ◽  
Linguistic Rights ◽  
National Minorities ◽  
Mass Migration

Debates on language rights as integral elements of human rights have gathered momentum since the early 1990s. International organisations such as the Council of Europe (CoE) and the United Nations (UN) have advocated linguistic rights through various charters and conventions, albeit with wavering levels of success. This article focuses specifically on the European context and the manner in which the CoE has dealt with language rights in the continent. The European Convention on Human Rights (ECHR), the European Charter for Regional and Minority languages (ECRML) and the Framework Convention for the Protection of National Minorities (FCPNM) are discussed in light of the region’s contemporary linguistic makeup. Current inequalities in the application of language recognition provide an area of special concern. For example, while speakers of ‘indigenous’ (or autochthonous) minority languages have apparently enjoyed an improving status in recent decades, the position of immigrant (or allochthonous) languages is less clear and current approaches largely ignore linguistic diversity which has been brought by recent mass migration patterns, leading to a somewhat exclusionary system. Through the discussion possible pathways for better inclusion of immigrant languages within current international frameworks, especially those of the CoE, are explored.

scholarly journals Are traditional minority languages a bench marking for the rights of migrant languages in the European Union?

2018 ◽  
Vol 30 (4) ◽  
pp. 40-60
Author(s):  
Christopher Houtkamp ◽  
László Marácz
Keyword(s):  
European Union ◽  
Linguistic Diversity ◽  
Comparative Approach ◽  
Minority Languages ◽  
Language Rights ◽  
The European Union ◽  
Member States ◽  
Linguistic Rights ◽  
The Status ◽  
The One

In this paper a normative position will be defended. We will argue that minimal territorial minority language rights formulated in terms of the personality principle referring to traditional minority languages granted in the framework of the European Union (EU) are a benchmark for non-territorial linguistic rights. Although territorial minority languages should be granted collective rights this is in large parts of Europe not the case. Especially in the Central and Eastern European Member States language rights granted to territorial languages are assigned on the basis of personal language rights. Our argumentation will be elaborated on the basis of a comparative approach discussing the status of a traditional territorial language in Romania, more in particular Hungarian spoken in the Szeklerland area with the one of migrant languages in the Netherlands, more in particular Turkish. In accordance with the language hierarchy implying that territorial languages have a higher status than non-territorial languages both in the EUs and Member States’ language regimes nonterritorial linguistic rights will be realized as personal rights in the first place. Hence, the use of non-territorial minority languages is conditioned much as the use of territorial minority languages in the national Member States. So, the best possible scenario for mobile minority languages is to be recognized as a personal right and receive full support from the states where they are spoken. It is true that learning the host language would make inclusion of migrant language speakers into the host society smoother and securing a better position on the labour market. This should however be done without striving for full assimilation of the speakers of migrant languages for this would violate the linguistic rights of migrants to speak and cultivate one’s own heritage language, violate the EUs linguistic diversity policy, and is against the advantages provided by linguistic capital in the sense of BOURDIEU (1991).

Confusion of Tongues: Constitutional Recognition of Languages and Language Rights in Australia

2013 ◽  
Vol 41 (2) ◽  
pp. 333-361 ◽  
Author(s):  
Alexander Reilly
Keyword(s):  
Torres Strait Islander ◽  
Linguistic Diversity ◽  
The State ◽  
National Language ◽  
Minority Languages ◽  
Language Rights ◽  
Language Recognition ◽  
National Unity ◽  
Human Right ◽  
Torres Strait

This article considers the YouMeUnity Report proposal for the inclusion of new language provisions in the Australian Constitution as part of a package of reforms for the constitutional recognition of Aboriginal and Torres Strait Islander people. The article outlines the important symbolic and substantive effects of recognising language rights in the Constitution. The article explains how the recognition of a national language and the recognition of minority languages are conceptually distinct — promoting a national language is aimed at promoting national unity and enhancing the political and economic participation of individuals in the state, whereas protecting minority languages is aimed at recognising linguistic diversity, enriching the cultural life of the State, maintaining connections with other nations, and recognising language choice as a basic human right. The article argues that there is a strong case for minority language recognition, and in particular, the recognition of Aboriginal and Torres Strait Islander languages, in the Australian Constitution, but warns against the recognition of English as the national language.

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.

scholarly journals Le Conseil de l'Europe et les droits des minorités

2005 ◽  
Vol 27 (1) ◽  
pp. 203-213
Author(s):  
Peter Leuprecht
Keyword(s):  
Human Rights ◽  
Linguistic Diversity ◽  
Intercultural Education ◽  
European Convention ◽  
Council Of Europe ◽  
Immigrants And Refugees ◽  
European Languages ◽  
Taking Action

This survey deals with the problem of linguistic diversity in Europe. In what way does the Council of Europe react to what is commonly called there the « new minorities » composed of immigrants and refugees ? The Director for Human Rights at the Council of Europe first covers guarantees provided to members of minorities under the European Convention on Human Rights (article 14), then describes attempts made by the Council of Europe to protect minorities as such. As for the new minorities, the Council is taking action to favour intercultural education. Its policy aims a both preserving European languages in their diversity and encouraging multilingualism which is of such nature as to facilitate communication and understanding between different peoples

scholarly journals Linguistic Diversity, Language Rights And Language Ecology

2018 ◽  
Vol 13 (1) ◽  
pp. 14-58
Author(s):  
Tove Skutnabb-Kangas
Keyword(s):  
Human Rights ◽  
Linguistic Diversity ◽  
Educational Systems ◽  
Minority Languages ◽  
Language Rights ◽  
Language Endangerment ◽  
Language Ecology ◽  
The World ◽  
Linguistic Human Rights ◽  
Key Terms

Summary Aiming at the maintenance of biodiversity and healthy ecosystem in the world – vital issues of the 21st century – it is important to preserve linguistic diversity and prevent the increasing language endangerment, thus ensuring the support of linguistic human rights. The author presents a comprehensive explanation of the key terms related to linguistic diversity and language ecology and investigates if educational language rights in international and regional Charters/Conventions support the maintenance of indigenous, tribal and minority languages (the world’s linguistic diversity), thus preventing language endangerment. The answer is that most educational systems in the word today support linguistic genocide in relation to indigenous, tribal and minority children’s language rights, by providing subtractive education as capability deprivation (according to Amartya Sen), which leads to poverty and violation of human rights in general. The author also argues why linguistic diversity and language rights are important for the maintenance of biodiversity and thus a healthy ecosystem.

scholarly journals The Siren’s Call? Exploring the Implications of an Additional Protocol to the European Convention on Human Rights on National Minorities

2016 ◽  
Vol 23 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Stephanie E. Berry
Keyword(s):  
Human Rights ◽  
Advisory Committee ◽  
European Convention ◽  
Council Of Europe ◽  
Wide Margin ◽  
Additional Protocol ◽  
National Minorities ◽  
European Court ◽  
Margin Of Appreciation

Calls for the adoption of an Additional Protocol to the European Convention on Human Rights (echr) on National Minorities have persisted within the Council of Europe despite the adoption of the Framework Convention for the Protection of National Minorities (fcnm). This article explores the potential implications of the adoption of an Additional Protocol on National Minorities to the echr for the fcnm. The European Court of Human Rights (ECtHR) already has several tools that would allow it to extend protection to persons belonging to national minorities. However, as the ECtHR tends to allow States a wide margin of appreciation in cases concerning persons belonging to minorities, it is argued that the adoption of an Additional Protocol on National Minorities may not be desirable, as it has the potential to undermine the progress made by the Framework Convention Advisory Committee.

Language Rights of Minorities in the Areas of Education, the Administration of Justice and Public Administration: European Developments in 2017

2019 ◽  
Vol 16 (1) ◽  
pp. 63-97
Author(s):  
Noémi Nagy
Keyword(s):  
Public Administration ◽  
International Organizations ◽  
Case Law ◽  
Minority Languages ◽  
Language Rights ◽  
The European Union ◽  
Council Of Europe ◽  
National Minorities ◽  
European Court ◽  
Administration Of Justice

This section overviews the 2017 situation of the language rights of European minorities in the fields of education, the administration of justice and public administration. The author presents the relevant legal developments 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 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. In the concluding remarks, tendencies and common patterns are emphasized.

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).

Council of Europe

2018 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Committee ◽  
European Court ◽  
Human Rights Treaties ◽  
Fundamental Freedoms ◽  
Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

Domestic Investigation and Prosecution of Atrocities Committed during Military Operations: The Impact of Judgments of the European Court of Human Rights

2013 ◽  
Vol 46 (3) ◽  
pp. 369-404
Author(s):  
Silvia Borelli
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Full Potential ◽  
Remedial Measures ◽  
Legal Systems ◽  
Military Operations ◽  
Council Of Europe ◽  
Proactive Approach ◽  
European Court ◽  
The Impact

The undeniable impact of the European Convention on Human Rights on the legal systems – and the wider society – of Member States of the Council of Europe would not have been possible without its unique monitoring system, centred around the European Court of Human Rights and the Committee of Ministers of the Council of Europe. The present article assesses the extent to which the European Court's judgments that have found violations of the procedural obligations under Articles 2 and 3 of the Convention to investigate unlawful killings, disappearances, acts of torture or other ill-treatment have, in fact, led to an improvement in the capability of the domestic legal systems of states parties to ensure accountability for such abuses. On the basis of four case studies, it is concluded that the European Court's judgments, coupled with the supervisory powers of the Committee of Ministers, have the potential to make a very great impact on the capability of domestic legal systems to deal with gross violations of fundamental human rights, and have led to clear and positive changes within the domestic legal systems of respondent states. Nevertheless, this is by no means always the case, and it is suggested that, in order for the Convention system to achieve its full potential in the most politically charged cases, the European Court should adopt a more proactive approach to its remedial powers by ordering specific remedial measures, to include in particular the opening or reopening of investigations.

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