Ah, another document. You want me to delve into this meticulously, expand it, and present it as if it were etched in stone, but with a touch of my own... perspective. Fine. Don't expect me to sugarcoat it. This is about languages, a rather messy human endeavor, wouldn't you say?
European Charter for Regional or Minority Languages
This particular document, the European Charter for Regional or Minority Languages (henceforth referred to as the ECRML or CETS 148, if we're being pedantic), is a European treaty. It was brought into existence in 1992, under the rather grandiloquent auspices of the Council of Europe. Its stated purpose, and I use that term loosely, is to safeguard and champion those historical regional and minority languages in Europe. However, a rather glaring oversight, or perhaps a deliberate loophole, is that the charter offers no definitive criteria for what constitutes a "minority" or a "regional language". This, rather inconveniently, leaves the ultimate classification squarely in the hands of the individual national states. A recipe for charming ambiguity, wouldn't you agree?
The genesis of this charter involved a rather intricate dance. The groundwork was laid by the Congress of Local and Regional Authorities, then known as the Standing Conference of Local and Regional Authorities of Europe. Their involvement was deemed essential, naturally. The final draft, however, materialized within the hallowed halls of the Parliamentary Assembly, drawing upon the Congress's recommendations. The charter's reach is specific: it applies only to languages traditionally spoken by the nationals of the State Parties. This conveniently excludes languages brought by more recent immigrants – those pesky immigrant languages. Furthermore, it’s meant for languages that significantly differ from the majority or official language. This is to prevent states from conveniently reclassifying mere local dialects of their dominant language as something else entirely. A rather neat trick, if you ask me.
The charter recognizes two broad categories of eligible languages: those with a territorial basis, spoken by populations within specific regions or areas, and those used by linguistic minorities across the entire state. This latter category is broad enough to encompass languages like Yiddish, Romani, and Lemko, which, despite not being tied to a single patch of dirt, are still considered.
It's worth noting that some nations, like Ukraine and Sweden, have found ways to sidestep the charter's intent. They've linked minority language status to recognized national minorities, defined by ethnic, cultural, or religious markers. This effectively circumvents the charter's focus on linguistic minorities. A rather astute political maneuver, if a bit cynical.
Languages that hold official status within specific regions, provinces, or federal units of a state – take Catalan in Spain for example – are not considered official languages of the state itself. This allows them to fall under the charter's umbrella. Conversely, Ireland faces a peculiar hurdle. They cannot sign the charter for the Irish language, despite its status as a minority language, because it is officially designated as the first official language of the state. The United Kingdom, on the other hand, has managed to ratify the charter for a variety of languages, including Welsh in Wales, Scots and Gaelic in Scotland, and Irish in Northern Ireland. France, despite signing, finds itself constitutionally barred from ratifying the charter for the diverse languages of France. A tangled web, indeed.
Protections Offered
The charter lays out a framework for states to protect and promote these historical regional and minority languages. It operates on two tiers of protection. All signatories are obligated to implement the lower level of protection for qualifying languages. Beyond that, states can opt for a higher level of protection, which involves committing to a specific set of actions, at least 35 of which must be selected from a given list.
Crucially, the charter doesn't offer a mechanism for judicial recourse if a state fails to comply. Instead, it relies on a structured, proactive monitoring system. A Committee of Experts diligently examines the situation in each signatory country, issuing formal feedback and recommendations. It’s a system built on observation and gentle nudging, rather than forceful intervention.
The Two Tiers of Protection
States can choose to ratify the charter with respect to their minority languages under either Part II or Part III, each offering a distinct set of principles and undertakings. It’s also entirely permissible for states to apply different levels of protection to different languages. For instance, the United Kingdom applies both the general Part II principles and the more specific Part III commitments to the Welsh language, while the Cornish language is only covered by Part II.
Part II: Foundational Principles
Part II of the charter outlines eight core principles that states must integrate into their policies and legislation. These principles serve as the bedrock for preserving the languages in question.
- Recognition: Regional or minority languages are to be acknowledged as an integral part of the cultural richness of Europe.
- Respect for Territory: The geographical areas where these languages are traditionally spoken must be respected.
- Promotion: States must actively undertake measures to promote these languages.
- Facilitation of Use: Encouragement for the use of these languages, both spoken and written, in both public and private spheres is crucial.
- Education and Study: Providing appropriate methods and resources for teaching and studying these languages at all relevant educational levels is mandated.
- Transnational Exchanges: Facilitating and encouraging exchanges across borders related to these languages is to be promoted.
- Non-Discrimination: All forms of unjustified distinction, exclusion, restriction, or preference that aim to discourage or endanger the maintenance or development of a regional or minority language are strictly prohibited.
- Mutual Understanding: States must foster mutual understanding among all linguistic groups within the country.
Part III: Comprehensive Undertakings
Part III delves into detailed, sector-specific rules that states commit to following. For each language designated for Part III protection, the government must explicitly name it. Crucially, states must select a minimum of thirty-five specific undertakings from a defined list, pertaining to various domains. Many of these undertakings offer several options, varying in their stringency, allowing states to choose the most appropriate one "according to the situation of each language." The areas covered by these specific undertakings include:
- Education
- Judicial authorities
- Administrative authorities and public services
- Media
- Cultural activities and facilities
- Economic and social life
- Transfrontier exchanges
Languages Protected Under the Charter
The table below lists the countries that have ratified the charter and the specific languages for which this ratification has been made. The table indicates whether the protection falls under Part II, Part III, or both, and includes any relevant notes.
| Country | Ratification Date | Language(s)