European Charter for Regional or Minority Languages

The European Charter for Regional or Minority Languages (ECRML) is a European treaty (CETS 148) adopted in 1992 under the auspices of the Council of Europe to protect and promote historical regional and minority languages in Europe. However, the charter does not provide any criterion or definition for an idiom to be a minority or a regional language, and the classification stays in the hands of the national state.Gabrielle Bernoville, Europe's forgotten words. The case of the European Regional and minority languages , La Regionisto,

The preparation for the charter was undertaken by the predecessor to the current Congress of Local and Regional Authorities, the Standing Conference of Local and Regional Authorities of Europe because involvement of local and regional government was essential. The actual charter was written in the Parliamentary Assembly based on the Congress' Recommendations. It only applies to languages traditionally used by the nationals of the State Parties (thus excluding languages used by recent immigrants from other states, see immigrant languages), which significantly differ from the majority or official language (thus excluding what the state party wishes to consider as simply local dialects of the official or majority language) and that either have a territorial basis (and are therefore traditionally spoken by populations of regions or areas within the State) or are used by linguistic minorities within the State as a whole (thereby including such languages as Yiddish, Romani and Lemko, which are used over a wide geographic area).

Some states, such as Ukraine and Sweden, have tied the status of minority language to the recognized national minorities, which are defined by ethnic, cultural and/or religious criteria, thereby circumventing the Charter's notion of linguistic minority.Hult, F.M. (2004). Planning for multilingualism and minority language rights in Sweden. Language Policy, 3(2), 181-201.

Languages that are official within regions, provinces or federal units within a State (for example Catalan in Spain) are not classified as official languages of the State and may therefore benefit from the Charter. On the other hand, Ireland has been unable to sign the Charter on behalf of the Irish language (although a minority language) as it is defined as the first official language of the state. The United Kingdom has ratified the Charter in respect to (among other languages) Welsh in Wales, Scots and Gaelic in Scotland, and Irish in Northern Ireland. France, although a signatory, has been constitutionally blocked from ratifying the Charter in respect to the languages of France.

The charter provides many actions state parties can take to protect and promote historical regional and minority languages. There are two levels of protection—all signatories must apply the lower level of protection to qualifying languages. Signatories may further declare that a qualifying language or languages will benefit from the higher level of protection, which lists a range of actions from which states must agree to undertake at least 35.

The Charter does not provide procedures for reactive judicial processing in case of lack of compliance but rather an elaborate proactive regular monitoring process in which the Committee of Experts drafts formal feedback and recommendations in regard to the situation in countries parties to the charter.

Protections Countries can ratify the charter in respect of its minority languages based on Part II or Part III of the charter, which contain varying principles. Countries can treat languages differently under the charter, for example, in the United Kingdom, the Welsh language is ratified under the general Part II principles as well as the more specific Part III commitments, while until 2025 the Cornish language was ratified only under Part II.

Part II Part II of the Charter details eight main principles and objectives upon which States must base their policies and legislation. They are seen as a framework for the preservation of the languages concerned. Recognition of regional or minority languages as an expression of cultural wealth. Respect for the geographical area of each regional or minority language. The need for resolute action to promote such languages. The facilitation and/or encouragement of the use of such languages, in speech and writing, in public and private life. The provision of appropriate forms and means for the teaching and study of such languages at all appropriate stages. The promotion of relevant transnational exchanges. The prohibition of all forms of unjustified distinction, exclusion, restriction or preference relating to the use of a regional or minority language and intended to discourage or endanger its maintenance or development. The promotion by states of mutual understanding between all the country's linguistic groups.

Part III Part III details comprehensive rules, across a number of sectors, by which states agree to abide. Each language to which Part III of the Charter is applied must be named specifically by the government. States must select at least thirty-five of the undertakings in respect to each language. Many provisions contain several options, of varying degrees of stringency, one of which has to be chosen "according to the situation of each language". The areas from which these specific undertakings must be chosen are as follows: Education Judicial authorities Administrative authorities and public services Media Cultural activities and facilities Economic and social life Transfrontier exchanges

Languages protected under the Charter

+Countries that have ratified the Charter, and languages for which the ratification was made Country Ratification Language Notes 25 January 2002Assyrian Part II and IIIGerman Part IIGreek Part II and IIIKurdish Part II and IIIRussian Part II and IIIUkrainian Part IIYezidi Part II and III 28 June 2001Burgenland Croatian (in Burgenland) Czech (in Vienna) Hungarian (in Burgenland and Vienna) Romani (in Burgenland) Slovak (in Vienna) Slovene (in Carinthia and Styria) 21 September 2010Albanian Part II and IIICzechGermanHungarianItalianLadinoPolishRomaniRomanianRusyn (as Ruthenian)SlovakSloveneTurkishUkrainianYiddish 5 November 1997CzechGermanHungarianBoyash RomanianIstro-RomanianItalianRomaniRusyn (as Ruthenian)SerbianSlovakSloveneUkrainian 26 August 2002Armenian Part II (Article 7.5)Cypriot Maronite Arabic Part II (Article 7) 15 November 2006 Moravian Croatian (part II only) German (part II and part III in districts Cheb, Karlovy Vary, Sokolov, Liberec, Ústí nad Labem, Český Krumlov, Opava and Svitavy) Polish (part II; and part III in Moravia-Silesia, in districts Frydek-Místek and Karviná) Romani (part II only) Slovak (parts II and III, across the whole territory) 8 September 2000 German (in Southern Jutland) 9 November 1994Inari SamiKarelianNorth SamiRomaniRussianSkolt SamiSwedishTatarYiddish 16 September 1998 Danish (in Schleswig-Holstein) Low German (part III in Bremen, Hamburg, Mecklenburg-Vorpommern, Lower Saxony and Schleswig-Holstein); (part II in Brandenburg, Northrhine-Westphalia and Saxony-Anhalt) Lower Sorbian (in Brandenburg) North Frisian (in Schleswig-Holstein) Romani (across Germany) Saterland Frisian (in Lower Saxony) Upper Sorbian (in the Free State of Saxony) 26 April 1995 Armenian Boyash Romanian Bulgarian Croatian German Greek Polish Romani Romanian Rusyn (as Ruthenian) Serbian Slovak Slovene Ukrainian 18 November 1997 No regional or minority languages 22 June 2005 No regional or minority languages 15 February 2006 Albanian Bosnian Croatian Romani 2 May 1996 Frisian (in Friesland, under part III) Limburgish (in Limburg, under part II) Low Saxon (across the Netherlands, under part II) Papiamento (on Bonaire under part III) Romani (across the Netherlands, under part II) Yiddish (across the Netherlands, under part II) 10 November 1993 Kven (part II only) Lule Sami North Sami Romanes Romani South Sami 12 February 2009ArmenianBelarusianCzechGermanKaraimKashubLemkoLithuanianRomaniRussianSlovakTatarUkrainianYiddish 29 January 2008 Albanian (Part II only) Armenian (Part II only) Bulgarian (Part III only) Croatian (Part III only) Czech (Part III only) German (Part III only) Greek (Part II only) Hungarian (Part III only) Italian (Part II only) Macedonian (Part II only) Polish (Part II only) Romani (Part II only) Russian Part II and III Rusyn (as Ruthenian) (Part II only) Serbian (Part III only) Slovak (Part III only) Tatar (Part II only) Turkish (Part III only) Ukrainian (Part III only) Yiddish (Part II only) 15 February 2006(as the State union of Serbia and Montenegro)AlbanianBosnianBulgarianBunjevacCroatianCzechGermanHungarianMacedonianRomaniRomanianRusyn (as Ruthenian)SlovakUkrainian"Vlach" 5 September 2001 Bulgarian Croatian Czech German Hungarian Polish Romani Russian Rusyn (as Ruthenian) Serbian Ukrainian Yiddish 4 October 2000 Croatian German Hungarian Italian Romani Serbian 9 April 2001 Amazigh (in Melilla) Aragonese (luenga propia in Aragon) Aranese (Occitan) (in Catalonia) Asturian (llingua propia in Asturias) Basque (official in the Basque Country and parts of Navarre) Catalan (official in the Balearic Islands and Catalonia; llengua pròpia in Aragon) Ceuta Arabic (in Ceuta) Extremaduran (in Extremadura) Fala (in Extremadura) Galician (in Galicia and parts of Asturias, León and Zamora provinces; official in Galicia) Leonese (in Castile and León) Portuguese (in Extremadura) Valencian (Catalan dialect) (official in the Valencian Community) 9 February 2000 Finnish Lule Sami Meänkieli North Sami Romani South Sami Yiddish 23 December 1997 Franco-Provençal French German Italian Romansh Yenish 19 September 2005BelarusianBulgarianCrimean TatarCzechGagauzGermanGreekHebrewHungarianKaraimKrymchakPolishRomaniRomanianRumeikaSlovakUrumYiddish 27 March 2001Cornish (Article 2, Part II (Article 7) and Part III)Irish (Articles 2 and 3, Part II (Article 7) and Part III (Articles 8–14, with reservations))Scots (Articles 2 and 3, Part II only (Article 7))Ulster-Scots (Articles 2 and 3, Part II only (Article 7))Scottish Gaelic (Articles 2 and 3, Part II (Article 7) and Part III (Articles 8–14, with reservations)) (British Nationality Act 1981, Schedule 1, Article 1(1)(c), and the Gaelic Language (Scotland) Act 2005 )Welsh (Articles 2 and 3, Part II (Article 7) and Part III (Articles 8–14, with reservations))(Welsh Language Act 1967 (repealed 21.12.1993) and the Welsh Language Act 1993 ) 27 March 2001Manx Gaelic (Article 2, Part II only (Article 7)) (extension : 23 April 2003 (declaration dated 22 April 2003) The Government of the United Kingdom declares [on 23 April 2003] that the Charter should extend to the Isle of Man, being a territory for whose international relations the Government of the United Kingdom is responsible.

European Charter for Regional or Minority Languages

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