scholarly journals Linguistic Rights in the Education System in Light of the Framework Convention for the Protection of National Minorities (By the Example of Poland and Lithuania)

2019 ◽  
Vol 58 (1) ◽  
pp. 59-76
Author(s):  
Anna Doliwa-Klepacka

Abstract One of the fields of protecting human rights within the framework of standards of the Council of Europe is the protection of national minorities – with the special issue of their linguistic rights. An intensification of actions aimed at adopting legal measures in this field happened in the 1960s. The concern for a proper range and level of regulation was expressed at the level of the Parliamentary Assembly and the Committee of Ministers. National experts formulated detailed resolutions to include the goals of international organizations such as CSCE and the United Nations concerning this matter. The fact that the framework convention was chosen as the means bears witness to a significant provision that the guarantee of rights were realized in the most flexible manner, including the designations and capacities of State parties. This article includes an analysis of three stages of work connected with ensuring linguistic rights for national minorities, with a special emphasis on the linguistic rights in the education system. On the one hand, actions which resulted in the acceptance of the Framework Convention for the Protection of National Minorities are shown. On the other hand, the goals and details of this Convention are described. The third section concerns the analysis of mechanisms for monitoring the realization of the rights included in the Convention. Due to limitations in the terms of reference for this work, the analysis of the convention guarantees, and their realization, was limited to linguistic rights in the education system. The practice of these actions was shown through examples in Poland and Lithuania. The right to education for national minorities (in a general sense) including knowledge about their culture, traditions, and their input into the development of the society of a given country is one of the rights clearly stated in the Framework Convention. By the same token are linguistic rights in an education system – the right to teach the language of a national minority or to teach in the language of a minority. As practice in Poland and Lithuania shows, the situation of education of national minorities is different, although some of the problems are common: an example for that would be access to proper coursebooks in the languages of national minorities, or properly trained teachers.

2019 ◽  
Vol 5 (1) ◽  
pp. 488-495
Author(s):  
Cláudia Martins ◽  
Sérgio Ferreira

AbstractThe linguistic rights of Mirandese were enshrined in Portugal in 1999, though its “discovery” dates back to the very end of the 19th century at the hands of Leite de Vasconcellos. For centuries, it was the first or only language spoken by people living in the northeast of Portugal, particularly the district of Miranda do Douro. As a minority language, it has always moved among three dimensions. On the one hand, the need to assert and defend this language and have it acknowledged by the country, which proudly believe(d) in their monolingual history. Unavoidably, this has ensued the action of translation, especially active from the mid of the 20th century onwards, with an emphasis on the translation of the Bible and Portuguese canonical literature, as well as other renowned literary forms (e.g. The Adventures of Asterix). Finally, the third axis lies in migration, either within Portugal or abroad. Between the 1950s and the 1960s, Mirandese people were forced to leave Miranda do Douro and villages in the outskirts in the thousands. They fled not only due to the deeply entrenched poverty, but also the almost complete absence of future prospects, enhanced by the fact that they were regarded as not speaking “good” Portuguese, but rather a “charra” language, and as ignorant backward people. This period coincided with the building of dams on the river Douro and the cultural and linguistic shock that stemmed from this forceful contact, which exacerbated their sense of not belonging and of social shame. Bearing all this in mind, we seek to approach the role that migration played not only in the assertion of Mirandese as a language in its own right, but also in the empowerment of new generations of Mirandese people, highly qualified and politically engaged in the defence of this minority language, some of whom were former migrants. Thus, we aim to depict Mirandese’s political situation before and after the endorsement of the Portuguese Law no. 7/99.


Author(s):  
Nima Norouzi ◽  
Hussein Movahedian

The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.


2019 ◽  
pp. 520-538
Author(s):  
Anna Tertychna

The article deals with the issues of observance of the rights of the Bulgarian national minority in Ukraine as an element of forming a positive image of Ukraine in Bulgaria. The issue of the rights and freedoms of ethnic Bulgarians in Bessarabia first arose in the bilateral relations between the Ukrainian people’s Republic and the Kingdom of Bulgaria after the establishment of diplomatic relations in accordance with the Ukraine-Bulgaria Supplementary Treaty of 12 February 1918. The informational explanation of the UNR’s open policy on national minorities immediately became an integral part of the activities of the first Ukrainian diplomatic mission in Sofia. Ethnic Bulgarians won the right to revive the study of their native language, history, and identity only after the restoration of Ukraine’s independence in 1991. In particular, the non-governmental sector has played a significant role in shaping Bulgaria’s state policy towards foreign Bulgarians. The article analyses the existing Ukraine-Bulgaria agreements that regulate relations between Ukraine and Bulgaria in the issue of the rights of Bulgarian and Ukrainian citizens of Ukrainian origin, as well as the legislative framework of Bulgaria in the field of state policy towards foreign Bulgarians. Despite the sensitivity of the Bulgarian society to the topic of foreign Bulgarians in Ukraine, which was and still is their largest and oldest historical Diaspora, the guarantee of the rights of ethnic, linguistic, cultural and religious identity of persons of Bulgarian nationality and Ukrainian nationality is enshrined in the Ukrainian-Bulgarian international treaties. The article highlights the impact of the issue of the Bulgarian national minority on the political dialogue between Ukraine and Bulgaria. Special attention is paid to the issues of ensuring the language rights of Ukrainian ethnic Bulgarians in the context of recent changes in Ukrainian legislation. Keywords: Ukraine, Bulgaria, Ukraine-Bulgaria relations, rights of the national Bulgarian minority, positive image of Ukraine.


2014 ◽  
Vol 32 (2) ◽  
pp. 309-350 ◽  
Author(s):  
Alison Bashford ◽  
Jane McAdam

From the 1880s, states and self-governing colonies in North and South America, across Australasia, and in southern Africa began introducing laws to regulate the entry of newly defined “undesirable immigrants.” This was a trend that intensified exclusionary powers originally passed in the 1850s to regulate Chinese migration, initially in the context of the gold rushes in California and the self-governing colony of Victoria in Australia. The entry and movement of other populations also began to be regulated toward the end of the century, in particular the increasing number of certain Europeans migrating to the United States. It is perhaps unsurprising, then, that Britain followed this legal trend with the introduction of the 1905 Aliens Act, although it was a latecomer when situated in the global context, and certainly within the context of its own Empire. The Aliens Act was passed in response to the persecution of Eastern European Jews and their forced migration, mainly from the Russian Empire into Britain. It defined for the first time in British law the notion of the “undesirable immigrant,” criteria to exclude would-be immigrants, and exemptions from those exclusions. The Aliens Act has been analyzed by historians and legal scholars as an aspect of the history of British immigration law on the one hand, and of British Jewry and British anti-Semitism on the other. Exclusion based on ethnic and religious grounds has dominated both analyses. Thus, the Act has been framed as the major antecedent to Britain's more substantial and enduring legislative moves in the 1960s to restrict entry, regulate borders, and nominate and identify “undesirable” entrants effectively (if not explicitly) on racial grounds.


2020 ◽  
Vol 2 (29) ◽  
pp. 64-75
Author(s):  
Sofía Valdivielso Gómez

The text is a letter from a grandmother born in 1964 to her granddaughter born in August 2020. Through this letter, the grandmother tries to explain what the education she received in the seventies was like, as well as the events that took place during the transition from an isolated and dictatorial Spain to a democratic and open country. She does so from a double perspective. On the one hand, by focusing on women and, on the other, on the laws that have requested the educational system to introduce subjects into the curriculum that would highlight equality between men and women. The text has been structured over the decades to follow the lifeline that would allow the grandmother to describe and analyze some facts about the complex reality of the country. Among these facts, it examines the impact of the new discourses on gender identity in the education system. The new discourses reflected in the new laws move the gender discourse towards gender identity discourse. All of this takes place within the context of a capitalist and narcissistic post-modernity that has displaced the plural towards the singular, the collective towards the individual, and the right to desire.


2019 ◽  
Vol 16 (2) ◽  
pp. 190-203
Author(s):  
Mikhail A. Marusenko

The article discusses the relationship of bilingual education with the problems of ethnic and language identification in the USSR and modern Russia. The concept of protecting the rights of national minorities includes an extensive range of linguistic rights and the right to education in minority languages. This right is protected by many international agreements and documents of international organizations and is considered to be an unconditional conquest of fighters for human rights. However, this ignores cases of inconsistencies in ethnic and linguistic identity, which are increasingly frequent in the modern world, and the right of citizens to free ethnic and linguistic self-determination. Planning in the field of bilingual education and teacher training requires objective information on the real number of people willing to study in minority languages, which can be obtained as a result of language monitoring and censuses.


Sociologija ◽  
2011 ◽  
Vol 53 (4) ◽  
pp. 417-432
Author(s):  
Nada Raduski

Recent political changes in states founded on the territory of the former Yugoslavia have resulted in profound changes in relation to minorities. The factual status of Serbian minorities in the neighboring countries has been influenced by various circumstances - demographic, political, legal, historical, etc. Outside Serbia, in former Yugoslav republics there are nearly half a million persons belonging to Serbian nationality who have the status of national minority. Although their social and legal status is defined according to European standards of minority protection, closer analysis points to a rather unfavorable status of Serbian minorities. A reason for such a situation may also be found in the poorly designed and insufficiently organized policy of the homeland country. Bilateral treaties are a way to protect more efficiently compatriots in other countries, as well as an efficient mechanism for better integration of minorities in all fields of social life in the territorial country. Minorities? rights stipulated in most bilateral treaties are the right to ethnic identity, linguistic rights, right to education, media rights, etc.


Author(s):  
Valentyna V. Dudchenko ◽  
Yuliia V. Tsurkan-Saifulina ◽  
Kostiantyn M. Vitman ◽  
Iryna O. Kresina ◽  
Oleksiy V. Kresin

Problems and unresolved issues in the field of the Ukrainian political nation consolidation and national minorities rights protection are analysed. The normative legal acts regulating ethno-national relations in Ukraine are analysed. The necessity of reforming the ethno-national legislation, elimination of declarative, contradictory and conflicting norms is proved. Threats caused by separatist manifestations are shown. The main values, guidelines and directions of the Ukrainian state ethno-national policy development are determined. The creation of a legal framework for ethnocultural autonomy in Ukraine will contribute to the formation of an effective system of protection of the rights of citizens belonging to national minorities in Ukraine, which will meet international standards in the field of protection of national minorities. , and will allow to approximate the legislation of Ukraine in the field of protection of the rights of national minorities to the EU law. Each national minority will have the right to create its own ethnocultural (extraterritorial) autonomy in order to address the issues of preservation and development of ethnocultural identity without requirements and claims to the state and the state budget. This will eliminate the declarativeness of the relevant legislation, increase the level of self-organization of national minorities, redirect ethno-territorial requirements to ethnocultural, promote harmonization of ethno-national relations and interethnic harmony in Ukraine, consolidation of Ukrainian society into a political nation based on common citizenship


Author(s):  
Stephen F. Jones

Although others had practised “affirmative action” for national minorities, the USSR was the first state to institutionalize it in the 1920s. The policy failed to create economic and political equality among Soviet nations and to end national animosities. Instead, as Russian nationalism revived under Stalin, the centre re-established its imperial authority over the non-Russian peoples. However, the USSR was not a traditional empire: though it was hostile to nationalism, the republics benefited (in unequal ways) from generous economic policies and from cultural development. By the 1960s, many elites had gained significant control in their own republics. But wider global changes threatened the USSR’s cohesion. While perhaps doomed by internal contradictions between a centralized state and party on the one hand, and federal structures and multiple nations on the other, the USSR’s collapse owed as much to the economy and to the relationship of the state to its rapidly changing population as it did to nationalism.


2016 ◽  
Vol 10 (2) ◽  
pp. 169-173
Author(s):  
Catherine Lu

Is the discrepancy between the cultural and linguistic rights of immigrants on the one hand and national groups on the other justified, with the latter group typically enjoying a fuller set of such rights than the former category? Patten presents a case for accepting some modest departures from neutrality in the treatment of immigrants’ cultural rights and that of majority and minority national groups. I challenge his thesis by asking whether such departures are justified with respect to already settled (as opposed to prospective) immigrants; whether the situational argument for unequal treatment is inconsistent with the theory of culture offered earlier in the book; and whether contexts of historical injustice against immigrant groups might complicate judgements about the national minority/immigrant dichotomy with respect to minority cultural rights.


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