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.

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.

National Minority Problems in Romania: Continuity or Change?

1994 ◽  
Vol 22 (1) ◽  
pp. 71-81
Author(s):  
Stephen Fischer-Galati
Keyword(s):  
World War Ii ◽  
World War I ◽  
Interwar Period ◽  
Body Politic ◽  
Russian Empire ◽  
National Minority ◽  
World War ◽  
National Minorities ◽  
Large Numbers ◽  
The Russian Empire

The national minorities question in Romania has been one of crises and polemics. This is due, in part, to the fact that Greater Romania, established at the end of World War I, brought the Old Romanian Kingdom into a body politic (a kingdom itself relatively free of minority problems), with territories inhabited largely by national minorities. Thus, the population of Transylvania and the Banat, both of which had been constituent provinces of the defunct Austro-Hungarian Monarchy, included large numbers of Hungarians and Germans, while Bessarabia, a province of the Russian empire, included large numbers of Jews. While the Hungarian (Szeklers and Magyars), Germans (Saxons and Swabians), and Jewish minorities were the largest and most difficult to integrate into Greater Romania, other sizeable national minorities such as the Bulgarians, Russians, Ukrainians, Tatars, Serbians, Turks, and Gypsies also posed problems to the rulers of Greater Romania during the interwar period and, in some cases, even after World War II.

The National Minority Policy of Today's Yugoslavia

1980 ◽  
Vol 8 (1) ◽  
pp. 29-51
Author(s):  
Thaddeus Z. Gasinski
Keyword(s):  
Federal Republic ◽  
Cultural Development ◽  
Entire Population ◽  
National Minority ◽  
Border Regions ◽  
The Past ◽  
National Minorities ◽  
Geographical Regions ◽  
The Status

Today's Yugoslav policy toward a score of national minorities, officially called nationalities, essentially amounts to what the ruling League of Communists of Yugoslavia publicly says and what is actually done by the appropriate organs at the federal, republic, provincial, and commune levels with respect to ethnically non-Yugoslav citizens. Although the Yugoslav national minorities (nationalities) make up only twelve percent of the entire population, their real impact on the Yugoslav multinational society is much stronger. This is due to the uneven economic and cultural development of various geographical regions in the past and to the compact settlement of national minorities in the sensitive border regions, where in some cases, they de facto enjoy the status of majority.

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 The Ukrainian language in the polylingual space of Transcarpathia

2021 ◽  
pp. 3-19
Author(s):  
Halyna Shumytska ◽  
Keyword(s):  
Language Policy ◽  
Linguistic Diversity ◽  
Mother Tongue ◽  
The State ◽  
Border Region ◽  
National Minority ◽  
Minority Languages ◽  
Language Policies ◽  
Political Situation ◽  
State Language

This article explores trends in language policies in the Transcarpathian region during 1991–2020 within the general Ukrainian sociopolitical context. It is argued that the status of the Ukrainian language as the state language in the region has become strengthened as evidenced by recent developments in language planning and language policy, including the adoption of the Law “On Ensuring the Functioning of the Ukrainian Lan-guage as the Official Language”. However, the manipulation of the language question in Ukraine, especially in the border regions, has taken on a political character, spreading beyond the borders of the state, threatening the constitutional order and the state sovereignty of Ukraine, in particu-lar in education, economics, and legal sphere. In Transcarpathia, a multi-ethnic border region in the extreme west of Ukraine, warrants attention of both scholars and politicians. This article looks into the changes in the Ukrainian language policies in the local state administration, and the importance of the Ukrainian president office in this regard. Specific features of the linguo-political situation in Transcarpathia, viewed at different periods of its development from the independence of Ukraine in 1991 on-ward, are presented. This study determines the role of the media in shaping a regional linguo-political situation, including the Internet media language space. The paper provides data of a comprehensive analy-sis of the results of the 2017–2019 external independent evaluation as an indicator of language competence of the participants of EIE, the results of research on the perception of educational language innovations in the region through a survey of different categories of respondents during 2018, the monitoring of experimental experience in implementing elements of multilingual edu-cation in educational institutions in Ukraine, particularly in Transcarpathia. The author outlines prospects for continued research in the framework of the project “Debat ing Linguistic Diversity: Managing National Minority Languages in Ukraine and Russia” (2020–2023). Keywords: language policy, language situation, state language, mother tongue, minority language, multilingual education, mass media.

Language Policy in the Republic of china

1981 ◽  
Vol 2 ◽  
pp. 33-47 ◽  
Author(s):  
John Kwock-Ping Tse
Keyword(s):  
Language Policy ◽  
Minority Languages ◽  
Language Policies ◽  
Republic Of China ◽  
The Past ◽  
Continuous Evolution ◽  
The Republic Of China ◽  
The Republic

This review has as its major scope language policy as it has been practied in the province of Taiwan of the Republic of China (ROC). Language policies of the nation from 1911 to 1949 (i.e., from the establishment of the republic in the Mainland to the time when the central goverment of the ROC moved to Taiwan) will also be reviewed as they bear significantly upon the current policies. The reason for this is quite obvious, since the current policies are the result of a continuous evolution of policies in the past. In the following sections three areas will be presented: 1) a brief sociolinguistic profile of the major and minority languages in the ROC; 2) the functional allocation of languages; 3) the language policies as actually practiced today.

State Preemption of Local Immigration “Sanctuary” Policies: Legal Considerations

2020 ◽  
pp. e1-e6
Author(s):  
Mark A. Hall ◽  
Lilli Mann-Jackson ◽  
Scott D. Rhodes
Keyword(s):  
Public Health ◽  
Law Enforcement ◽  
Direct Access ◽  
Legal Analysis ◽  
Access To Health Services ◽  
The Past ◽  
Access To Health ◽  
Key Informant ◽  
Municipal Policies ◽  
Potential Impact

States have enacted a wave of statutes over the past several years preempting local government law and policies that potentially promote public health in various ways. Among these local preemption measures are statutes in at least 9 states that outlaw municipal policies providing some form of “sanctuary” to immigrants. Such policies, and their preemption, have importance both for direct access to health services and for broader social determinants of health. This article gauges the coverage and potential impact of these state preemption laws based on key informant interviews nationally and a close legal analysis of relevant laws and policy documents. It distinguishes between preemption laws focused on law enforcement cooperation and those that also encompass a wider array of “welcoming” policies and initiatives. It also distinguishes between more passive forms of preemption that prohibit barring cooperation with federal immigration enforcement, and those statutes that more affirmatively require active measures to assist federal enforcement. Drawing these distinctions can help municipalities determine which immigrant-supportive measures are still permitted, and how best to mitigate the adverse public health effects of these preemption laws. (Am J Public Health. Published online ahead of print December 22, 2020: e1–e6. doi: https://doi.org/10.2105/AJPH.2020.306018 )

Ensuring National Minorities’ Interests while Establishing Electoral Boundaries in Ukraine: The Example of the Hungarian National Minority

2019 ◽  
Vol 26 (3) ◽  
pp. 484-501
Author(s):  
Halyna Dovhan
Keyword(s):  
Law Enforcement ◽  
International Organizations ◽  
National Minority ◽  
Parliamentary Elections ◽  
Electoral District ◽  
National Minorities ◽  
The Subject ◽  
The Law

This article concerns ensuring national minorities’ interests while establishing electoral boundaries in Ukraine. Special attention is paid to the areas with a concentrated minority settlement. A Hungarian national minority resident in Transcarpathia is the subject of the research. Among the three basic laws of Ukraine that regulate presidential, local and parliamentary elections, only the law regulating parliamentary elections complies with the international requirements regarding the consideration of national minorities’ interests during delimitation of electoral borders. An electoral district in which majority of voters were Hungarians had been established before the 1998 parliamentary elections. But later, the Hungarian community was divided between three constituencies. Some comments and recommendations from the reports of observers from different international organizations have been elucidated. A review of law enforcement practice revealed that the long-lasting problem concerning the drawing of electoral boundaries in Transcarpathia has not yet been solved.

No language policy without translation policy

2018 ◽  
Vol 42 (2) ◽  
pp. 196-219 ◽  
Author(s):  
Reine Meylaerts ◽  
Gabriel González Núñez
Keyword(s):  
Language Policy ◽  
Modern World ◽  
Minority Languages ◽  
Linguistic Minorities ◽  
Language Policies ◽  
Linguistic Rights ◽  
Linguistic Integration ◽  
Similarities And Differences

Abstract A major challenge for authorities in the modern world is the linguistic integration of minorities. In this context, language policies play a key role as authorities are increasingly faced with the challenge of adjusting their language policies in order to secure the linguistic rights and thus the integration of their multilingual populations. In multilingual democracies, these language policies must include choices about the use or non-use of translation. These choices, when they are systematic, become policies of their own in terms of translation. Thus, translation policies arise in part as a consequence of language policies, and there can be no language policy without an attendant translation policy. This article sheds light on the role of translation policies as part of language policy. Specifically, it shows that translation policies can be a tool for integration and recognition or exclusion and neglect of speakers of minority languages and therefore deserve special attention. This is done by comparing the translation policies adopted in Flanders and Wales, both as applied to autochthonous linguistic minorities and allochthonous linguistic minorities. Lessons can be learned from the similarities and differences of translation policies in these two regions.

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