Key Benefits:
Original text
(State on 14 August 2013)
Preamble
The member states of the Council of Europe, signatories to this Charter,
Whereas the aim of the Council of Europe is to achieve a closer union among its members, in particular in order to safeguard and promote the ideals and principles which are their common heritage;
Whereas the protection of the historical regional or minority languages of Europe, some of which, over time, may disappear, helps to maintain and develop the traditions and cultural richness of Europe;
Whereas the right to practise a regional or minority language in private and public life constitutes an imprescriptible right, in accordance with the principles contained in the International Covenant on Civil and Political Rights of the United Nations 2 , and in accordance with the spirit of the Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe 3 ;
Taking into account the work carried out within the framework of the CSCE, and in particular the Helsinki Final Act of 1975 and the document of the 1990 Copenhagen meeting;
Stressing the value of intercultural and plurilingualism, and considering that the protection and encouragement of regional or minority languages should not be at the expense of official languages and the need to learn them;
Aware that the protection and promotion of regional or minority languages in the different countries and regions of Europe is an important contribution to the building of a Europe based on the principles of democracy and Cultural diversity, within the framework of national sovereignty and territorial integrity;
Given the specific conditions and historical traditions specific to each region of the countries of Europe,
Agreed to the following:
For the purposes of this Charter:
Each Party undertakes to apply the provisions of Part II to all regional or minority languages in its territory, which meet the definitions of art. 1.
2. In respect of any language indicated at the time of ratification, acceptance or approval, in accordance with Art. 3, each Party undertakes to apply a minimum of thirty-five paragraphs or sub-paragraphs chosen from among the provisions of Part III of this Charter, of which at least three shall be chosen in each of the s. 8 and 12 and one in each art. 9, 10, 11 and 13.
1. Each Contracting State must specify in its instrument of ratification, acceptance or approval each regional or minority language, or each less common official language on the whole or part of its territory, to which Apply the paragraphs selected in accordance with subs. 2 of the art. 2.
(2) Any Party may at any time notify the Secretary-General that it accepts the obligations arising from the provisions of any other paragraph of the Charter that had not been specified in its instrument of ratification, acceptance Or approval, or that it will apply s. 1 of this article to other regional or minority languages, or to other less widely used official languages on all or part of its territory.
3. The commitments provided for in the preceding paragraph shall be deemed to be an integral part of the ratification, acceptance or approval and shall bear the same effects as from the date of their notification.
1. None of the provisions of this Charter can be interpreted as limiting or derogating from the rights guaranteed by the European Convention on Human Rights.
2. The provisions of this Charter shall not affect the more favourable provisions governing the situation of regional or minority languages, or the legal status of persons belonging to minorities, which already exist in a Part or are provided for in relevant bilateral or multilateral international agreements.
Nothing in this Charter shall be construed as implying the right to engage in any activity or to perform any action contrary to the purposes of the Charter of the United Nations 1 Or other obligations under international law, including the principle of the sovereignty and territorial integrity of States.
The Parties undertake to ensure that the authorities, organisations and persons concerned are informed of the rights and duties established by this Charter.
1. In respect of regional or minority languages, in the territories in which these languages are used and according to the situation of each language, the Parties shall base their policies, legislation and practice on the objectives and The following principles:
2. The Parties undertake to eliminate, if they have not yet done so, any unjustified distinction, exclusion, restriction or preference relating to the practice of a regional or minority language with the aim of discouraging or The danger of maintaining or developing it. The adoption of special measures in favour of regional or minority languages, intended to promote equality between the speakers of these languages and the rest of the population or to take account of their particular situations, is not As an act of discrimination against speakers of more widely used languages.
3. The Parties undertake to promote, through appropriate measures, mutual understanding between all language groups in the country, in particular by ensuring that respect, understanding and tolerance of languages Regional or minority groups are among the objectives of education and training provided in the country, and to encourage the mass media to pursue the same objective.
4. In defining their policy with regard to regional or minority languages, the Parties undertake to take into account the needs and wishes expressed by the groups practising these languages. They are encouraged to establish, if necessary, bodies responsible for advising the authorities on all matters relating to regional or minority languages.
5. The Parties undertake to apply, mutatis mutandis, the principles listed in s. 1 to 4 above for non-territorial languages. However, in the case of such languages, the nature and scope of the measures to be taken to give effect to this Charter shall be determined in a flexible manner, taking into account needs and wishes, and respecting traditions and Characteristics of the groups involved in the languages in question.
1. In the field of education, the Parties undertake, in respect of the territory in which these languages are used, according to the situation of each of these languages and without prejudice to the teaching of the official language (s) of the State:
2. In the field of education and in respect of territories other than those on which the regional or minority languages are traditionally used, the Parties undertake to authorise, encourage or put in place, if the number The speakers of a regional or minority language justify it, teaching in or of the regional or minority language at the appropriate stages of education.
1. The Parties undertake, with regard to the constituencies of the judicial authorities in which a number of persons practising the regional or minority languages are resident, to justify the measures specified below, depending on the situation Of each of those languages and provided that the use of the possibilities offered by this paragraph is not considered by the judge to be an obstacle to the proper administration of justice:
2. The Parties undertake:
3. The Parties undertake to make available, in the regional or minority languages, the most important national laws and those of particular concern to the users of these languages, unless these texts are Already available otherwise.
1. In the districts of the administrative authorities of the State in which there are a number of users of regional or minority languages who justify the following measures and according to the situation of each language, the Parties undertake, in The extent reasonably possible:
2. With regard to the local and regional authorities in whose territories there are a number of users of regional or minority languages which justify the following measures, the Parties undertake to allow and/or encourage:
3. As regards public services provided by the administrative authorities or other persons acting on behalf of them, the Contracting Parties undertake, in the territories in which the regional or minority languages Shall be performed according to the situation of each language and to the extent reasonably possible:
4. For the purpose of implementing the provisions of s. 1, 2 and 3 that they have accepted, the Parties undertake to take one or more of the following measures:
5. The Parties undertake to allow, at the request of the parties concerned, employment or the adoption of employers in the regional or minority languages.
(1) The Parties undertake, for the users of regional or minority languages, in the territories where these languages are used, according to the situation of each language, to the extent that the public authorities have, directly or indirectly, A jurisdiction, powers or a role in this area, respecting the principles of independence and autonomy of the media:
2. The Parties undertake to guarantee the freedom of direct reception of radio and television broadcasts from neighbouring countries in a language used in identical or similar form to a regional or minority language, and not to oppose the Retransmission of radio and television broadcasts from neighbouring countries in such a language. They also undertake to ensure that no restriction on the freedom of expression and the free movement of information in a language used in the same or similar form to a regional or minority language is imposed on the Written press. The exercise of the freedoms mentioned above, with duties and responsibilities, may be subject to certain formalities, conditions, restrictions or sanctions provided for by law, which constitute necessary measures, in a society Democratic, national security, territorial integrity or public safety, the defence of the order and the prevention of crime, the protection of health or morals, the protection of the reputation or the rights of others, To prevent the disclosure of confidential information, or to guarantee authority and The impartiality of the judiciary.
3. The Parties undertake to ensure that the interests of the users of regional or minority languages are represented or taken into account in the framework of the structures possibly created in accordance with the law, having as their task the task of Guarantee freedom and plurality of the media.
1. In the field of cultural activities and facilities-in particular libraries, video libraries, cultural centres, museums, archives, academies, theatres and cinemas, as well as literary and production works Cinematographic, popular cultural expression, festivals, cultural industries, including the use of new technologies-the Parties undertake, in respect of the territory in which such languages are And to the extent that the public authorities have jurisdiction, powers or a role in this Domain:
2. With regard to territories other than those on which regional or minority languages are traditionally used, the Parties undertake to authorise, encourage and/or provide for, whether the number of speakers of a language Appropriate cultural activities or equipment, in accordance with the preceding paragraph.
3. The Parties undertake, in their cultural policy abroad, to give appropriate place to the regional or minority languages and to the culture of which they are the expression.
With regard to economic and social activities, the Parties undertake, for the whole country:
2. In the field of economic and social activities, the Parties undertake, to the extent that the public authorities have jurisdiction, in the territory in which the regional or minority languages are used, and to the extent that this is Reasonably possible:
The Parties undertake:
1. The Parties shall submit periodically to the Secretary-General of the Council of Europe, in a form to be determined by the Committee of Ministers, a report on the policy followed, in accordance with Part II of this Charter, and on measures Pursuant to the provisions of Part III that they have accepted. The first report shall be submitted within one year after the entry into force of the Charter in respect of the Party concerned, the other reports at intervals of three years after the first report.
2. The Parties shall report publicly.
1. The reports submitted to the Secretary-General of the Council of Europe pursuant to Art. 15 will be reviewed by an expert panel established pursuant to s. 17.
2. Bodies or associations legally established in a Party may draw the attention of the Committee of Experts to matters relating to the commitments made by that Party under Part III of this Charter. After consulting the Party concerned, the Committee of Experts may take this information into account in the preparation of the report referred to in paragraph 1. 3 of this article. Such bodies or associations may also submit declarations on the policy followed by a Party, in accordance with Part II.
3. On the basis of the reports referred to in par. 1 and the information referred to in s. 2, the Committee of Experts will prepare a report to the Committee of Ministers. This report shall be accompanied by comments which the Parties will be invited to make and may be made public by the Committee of Ministers.
4. The report referred to in par. 3 shall, in particular, contain the proposals of the Committee of Experts to the Committee of Ministers with a view to the preparation, where appropriate, of any recommendation of the Committee to one or more Parties.
5. The Secretary General of the Council of Europe will make a detailed biennial report to the Parliamentary Assembly on the application of the Charter.
1. The Committee of Experts shall be composed of one member for each Party, appointed by the Committee of Ministers on a list of persons of the highest integrity, of a recognised competence in the matters covered by the Charter, which shall be proposed by the Party concerned.
2. Committee members will be appointed for a period of six years and their terms of office will be renewable. If a member is unable to fulfil his or her mandate, he shall be replaced in accordance with the procedure laid down in par. 1, and the replacement member will complete the term of office of his predecessor.
The Committee of Experts shall adopt its rules of procedure. Its secretariat will be provided by the Secretary-General of the Council of Europe.
This Charter is open for signature by the member states of the Council of Europe. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of Europe.
1. This Charter shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five member States of the Council of Europe have expressed their consent to be bound by the Charter, in accordance with To the provisions of s. 18.
2. For any Member State which subsequently expresses its consent to be bound by the Charter, it shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, Acceptance or approval.
After the entry into force of this Charter, the Committee of Ministers of the Council of Europe may invite any non-member state of the Council of Europe to accede to the Charter.
2. For any acceding State, the Charter shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.
(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, formulate one or more reservations (s) to s. 2 to 5 of the art. 7 of this Charter. No other reserves are permitted.
(2) Any Contracting State which has made a reservation under the preceding paragraph may withdraw it in whole or in part by sending a notification to the Secretary-General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary-General.
1. Any Party may, at any time, denounce this Charter by sending a notification to the Secretary General of the Council of Europe.
(2) Denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary-General.
The Secretary-General of the Council of Europe shall notify the member States of the Council and any State which has acceded to this Charter:
In witness whereof, The undersigned, duly authorized to that effect, have signed this Charter.
Done at Strasbourg, on 5 November 1992, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary-General of the Council of Europe shall transmit certified copies to each member state of the Council of Europe and to any State invited to accede to this Charter.
(Suivent signatures)
States Parties |
Ratification Statement of Succession (S) |
Entry into force |
||
Germany * |
16 September |
1998 |
1 Er January |
1999 |
Armenia * |
25 January |
2002 |
1 Er May |
2002 |
Austria * |
28 June |
2001 |
1 Er October |
2001 |
Bosnia and Herzegovina * |
21 September |
2010 |
1 Er January |
2011 |
Cyprus * |
26 August |
2002 |
1 Er December |
2002 |
Croatia * |
5 November |
1997 |
1 Er March |
1998 |
Denmark * |
8 September |
2000 |
1 Er January |
2001 |
Spain * |
April 9 |
2001 |
1 Er August |
2001 |
Finland * |
9 November |
1994 |
1 Er March |
1998 |
Hungary * |
April 26 |
1995 |
1 Er March |
1998 |
Liechtenstein * |
18 November |
1997 |
1 Er March |
1998 |
Luxembourg |
22 June |
2005 |
1 Er October |
2005 |
Montenegro * |
6 June |
2006 S |
6 June |
2006 |
Norway * |
10 November |
1993 |
1 Er March |
1998 |
Netherlands * A |
2 May |
1996 |
1 Er March |
1998 |
Poland * |
12 February |
2009 |
1 Er June |
2009 |
Czech Republic * |
15 November |
2006 |
1 Er March |
2007 |
Romania * |
29 January |
2008 |
1 Er May |
2008 |
United Kingdom * B |
March 27 |
2001 |
1 Er July |
2001 |
Isle of Man * |
April 23 |
2003 |
April 23 |
2003 |
Serbia * |
February 15 |
2006 |
1 Er June |
2006 |
Slovakia * |
September 5 |
2001 |
1 Er January |
2002 |
Slovenia * |
4 October |
2000 |
1 Er January |
2001 |
Sweden * |
February 9 |
2000 |
1 Er June |
2000 |
Switzerland * |
December 23 |
1997 |
1 Er April |
1998 |
Ukraine * |
19 September |
2005 |
1 Er January |
2006 |
* |
Reservations and declarations. Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
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A |
For the Kingdom in Europe. |
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B |
The Charter applies to Great Britain and Northern Ireland. |
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Switzerland
The Swiss Federal Council declares, in accordance with Art. 3, para. 1, of the Charter, that Romansh and Italian are, in Switzerland, the less common official languages to which the following paragraphs apply, chosen in accordance with Art. 2, para. 2 of the Charter:
A. Romansh
Art. 8 (teaching)
Par. 1, para. A (iv), b (i), c (iii), d (iii), e (ii), f (iii), g, h, i
Article 9 (justice)
Par. 1, para. A (ii), (iii), b (ii), b (iii), c (ii)
Par. 2, para. A
Par. 3
Art. 10 (administrative authorities and public services)
Par. 1, para. A (i), b, c
2, al. A, b, c, d, e, f, g
Par. 3, para. B
Par. 4, para.
Par. 5
Art. 11 (media)
Par. 1, para. A (iii), b (i), c (ii), e (i), f (i)
Par. 3
Art. 12 (cultural activities and facilities)
Par. 1, al. A, b, c, e, f, g, h
Par. 2
Par. 3
Article 13 (economic and social life)
Par. 1, para. D
Par. 2, para. B
Article 14 (cross-border trade)
Al. A
Al. B.
B. Italian
Art. 8 (teaching)
Par. 1, para. A (i), a (iv), b (i), c (i), c (ii), d (i), d (iii), e (ii), f (i), f (iii), g, h, i
Article 9 (justice)
Par. 1, para. A (i), a (ii), a (iii), b (i), b (ii), b (iii), c (i), c (ii),
Par. 2, para. A
Par. 3
Art. 10 (administrative authorities and public services)
Par. 1, para. A (i), b, c
2, al. A, b, c, d, e, f, g
Par. 3, para.
Par. 4, para.
Par. 5
Art. 11 (media)
Par. 1, para. A (i), e (i), g
Par. 2
Par. 3
Art. 12 (cultural activities and facilities)
Par. 1, al. A, b, c, d, e, f, g, h
Par. 2
Par. 3
Article 13 (economic and social life)
Par. 1, para. D
Par. 2, para. B
Article 14 (cross-border trade)
Al. A
Al. B.
1 RO 2003 2506
2 RS 0.103.2
3 RS 0.101
4 RO 2003 2522 , 2006 3565, 2010 2261, 2013 2713. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).