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.

Access to Justice for National Minorities – A Recurrent Theme in the Work of the osce High Commissioner on National Minorities

2017 ◽  
Vol 24 (2) ◽  
pp. 174-194
Author(s):  
Laurentiu Hadirca
Keyword(s):  
Ethnic Conflict ◽  
Minority Rights ◽  
Political Institution ◽  
Access To Justice ◽  
National Minorities ◽  
Specific Advice ◽  
High Commissioner ◽  
Recurrent Theme ◽  
Country Specific

This article provides an overview of the work of the osce hcnm on issues of access to justice for national minorities, based on a review of relevant thematic recommendations, country-specific advice, official statements, as well as other activities, projects and engagements of the hcnm. The article analyses how the hcnm’s specific mandate – as a political institution tasked to prevent inter-ethnic conflict, operating primarily through “quiet diplomacy” – has shaped its approach to human and minority rights, and to access to justice issues in particular. The overview shows that throughout the years, access to justice has become a recurrent, if at times tangential, theme for the institution. Overall, the article seeks to distil the general hcnm approach to access to justice issues as it was conveyed through a variety of thematic recommendations and guidelines, specific advice and other relevant engagements, undertaken in the course of the two-and-a-half decades of the institution’s existence.

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

On the Intrinsic Value of Arabic in Israel—Challenging Kymlicka on Language Rights

2007 ◽  
Vol 20 (1) ◽  
pp. 143-172 ◽  
Author(s):  
Meital Pinto
Keyword(s):  
Cultural Identity ◽  
General Question ◽  
National Minority ◽  
Minority Languages ◽  
Language Rights ◽  
Linguistic Minorities ◽  
Complex Situation ◽  
Intrinsic Interest ◽  
National Minorities ◽  
Israeli Arabs

In the postcolonial era, we have witnessed waves of mass immigration. Consequently, many states are no longer associated with just one or two national languages. Newly formed immigrant minorities raise demands for language rights, alongside national minorities, which raise similar demands.Such a complex situation exists, for example, in Canada, where only French and English are declared official languages although there are other languages, such as Chinese, which are spoken by large communities of people. My paper addresses the general question of which linguistic minorities are most entitled to comprehensive language rights. Will Kymlicka distinguishes between national minorities, which he regards as deserving of comprehensive language rights, and immigrant minorities which are not. Many scholars challenge Kymlicka’s distinction. However, none of them have suggested alternative criteria for distinguishing minority languages that are entitled to protection from minority languages that are less entitled to protection. In my paper, I suggest such a criterion. My alternative criterion is based on the intrinsic interest people have in protecting their own language as the marker of their cultural identity, thus, comprehensive language rights are to be accorded to linguistic minorities that possess the strongest intrinsic interest in the protection of their language as their marker of cultural identity. I apply my criterion to the Israeli case, in which there are two dominant linguistic minorities: the Arab national minority and the Jewish Russian immigrant minority. Relying on general criticism of Kymlicka’s distinction, I argue that this distinction is not applicable to the Israeli linguistic case. Applying my alternative criterion to the Israeli case, I argue that Israeli Arabs have a stronger interest in Arabic than the Russian Jewish minority has in Russian because Arabic constitutes Israeli Arabs’ exclusive marker of identity.

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 Evolution of Legal Consolidation of Language Policy of Russian Empire on Ukrainian Provinces in XIX – early XX Century

2020 ◽  
Vol 91 (4) ◽  
pp. 15-26
Author(s):  
O. V. Shevchenko
Keyword(s):  
Law Enforcement ◽  
Language Policy ◽  
Russian Empire ◽  
National Minority ◽  
Minority Languages ◽  
Successful Implementation ◽  
Linguistic Minorities ◽  
Legal Analysis ◽  
The Past ◽  
National Minorities

The need to create an effective mechanism to ensure the implementation of language policy by our state has been increased at the present stage of the development of Ukraine and its legal system. It, on the one hand, will ensure the revival and spread of the Ukrainian language, and on the other will allow the development of national minority languages in accordance with the European Charter for Regional or Minority Languages (1992), the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992), the UN Resolution on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1995), The Oslo Recommendations on the Language Rights of National Minorities (1998) and other existing international legal acts. Historical experience can significantly help the successful implementation of measures aimed at improving the effectiveness of domestic legislation in this area. It will allow us not to repeat the mistakes of the past and take into account and use the positive developments. Unfortunately, domestic practice demonstrates a clear lack of attention to the study and use of such experience. The purpose of the article is a comprehensive historical and legal analysis of the processes of legal consolidation and implementation of the language policy of the Russian Empire on the Ukrainian lands in the XIX – early XX centuries. In accordance with the purpose, the following tasks have been formulated: to consider how the imperial language policy has evolved, aimed at narrowing the scope of using the language of the Ukrainian people for assimilation, to emphasize the role and significance of the legal component in these processes that was expressed in the legislation and law-enforcement activity of the relevant state authorities. Scientific novelty is manifested in the fact that this article is one of the first scientific works, where the problems of legal consolidation of Russification language policy on the Ukrainian lands during the past and the beginning of the last centuries are studied according to the latest methodological positions, based on a comprehensive analysis of existing scientific literature, regulatory and law-enforcement acts, as well as other historical and legal sources. The author of the article has emphasized that the tsar pursued a policy of incessant formal and legal restrictions on the Ukrainian language during this period. It has been claimed that during the 60-80s of the XIX century there was the legislative consolidation of that policy. The author has determined the purpose of the imperial government – to limit the scope of use of the Ukrainian language in order to prevent it from becoming a key element in the creation of Ukrainian identity.

scholarly journals The Right to Language and its Contemporary Significance for New Zealand

2021 ◽  
Author(s):  
◽  
Charlotte Connell
Keyword(s):  
New Zealand ◽  
Direct Action ◽  
Minority Languages ◽  
Political Rights ◽  
Linguistic Minorities ◽  
Bill Of Rights ◽  
Television Broadcasting ◽  
Treaty Of Waitangi ◽  
The Right ◽  
Secure Place

<p>The right of linguistic minorities to speak their own language in community with other members of their group (the right to language) is deserving of specific attention for two reasons. Firstly, language is the currency of communication and one of the key indicia of cultural identity; and secondly, ensuring minorities have a secure place within a State is pivotal to promoting peace and stability within a nation. There are three sources of the right to language in New Zealand : the International Covenant on Civil and Political rights, the New Zealand Bill of Rights Act 1990, and the Treaty of Waitangi (for the Maori and Moriori languages). The right to language protects against both direct action by the State to limit linguistic minorities' use of their language. and State neglect of a minority language. This paper explores the right to language in the New Zealand context including the sources and elements of the right to language; the application of the right to the Maori language (and what lessons can be learned from this experience for the Moriori language); and two modes of revitalisation of minority languages: official recognition and television broadcasting. The paper observes that while the steps to improve language acquisition and use of the Maori language are admirable and need to continue to secure a meaningful place for that language in New Zealand, the Moriori language is in serious jeopardy and in need of urgent attention. Finally, the paper examines whether the principles of the Treaty of Waitangi may provide sound guidance for the consideration of the place of minority languages in policy and law making in New Zealand.</p>

Ethnic / Linguistic Minorities in Georgia and the Protection of their Linguistic Rights

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 97-114
Keyword(s):  
Legal Framework ◽  
Minority Languages ◽  
Linguistic Minorities ◽  
Linguistic Rights ◽  
The Difference ◽  
Regional Or Minority Languages ◽  
Civilized World ◽  
State Language

While discussing the legal framework for the „linguistic rights” of ethnic/linguistic minorities, the Georgian authorities should first consider the position of the ‘fathers’ of the „European Charter for Regional or Minority Languages“ concerning the difference between the autochthonous (historical) and new minorities; However, full realization of the linguistic rights of the Georgian state language, autochthonous minorities or migrant minorities on the territory of Georgia is impossible until the complete de-occupation of Georgia. Academic, depoliticized descriptions and qualifications of the linguistic and ethnic situation of Georgia should be given essential importance in the process of Georgia’s integration with the civilized world. It is desirable to be timely balanced Russian imperial ideologies and qualifications in the field of Kartvelology at the international scientific or information field.

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.

Cultural Activities/Facilities and the Media

2021 ◽  
Vol 18 (1) ◽  
pp. 141-162
Author(s):  
Liudmila Ragozina ◽  
Gennady Chebotarev ◽  
Elena Titova
Keyword(s):  
Indigenous Peoples ◽  
Teaching And Learning ◽  
Minority Languages ◽  
Cultural Activities ◽  
Cultural Autonomy ◽  
Multilingual Education ◽  
National Minorities ◽  
The Media ◽  
Regional Or Minority Languages ◽  
The Eu

This article reviews the 2019 international developments related to cultural activities and facilities as well as issues concerning media in the context of European minorities. Among the highlights are the preliminary views delivered by the UN Human Rights Committee concerning the cultural autonomy of the Sami indigenous peoples in Finland in Sanila-Aikio v. Finland and Käkkäläjärvi et al. v. Finland, the 2019 International Year of Indigenous Languages, and the EU Council Recommendation on a comprehensive approach to the teaching and learning of languages. The theme of biand multilingual education is enhanced within UNESCO, the Framework Convention for the Protection of National Minorities, the European Charter for Regional or Minority Languages, and the EU.

Sign in / Sign up

Export Citation Format

Share Document