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European Charter for Regional or Minority Languages
Strasbourg, 5.XI.1992
The member States of the Council of Europe signatory hereto,
Considering that the aim of the Council of Europe is to achieve a greater unity between
its members, particularly for the purpose of safeguarding and realising the ideals and
principles which are their common heritage;
Considering that the protection of the historical regional or minority languages of
Europe, some of which are in danger of eventual extinction, contributes to the maintenance
and development of Europe's cultural wealth and traditions;
Considering that the right to use a regional or minority language in private and public
life is an inalienable right conforming to the principles embodied in the United Nations
International Covenant on Civil and Political Rights, and according to the spirit of the
Council of Europe Convention for the Protection of Human Rights and Fundamental Freedoms;
Having regard to the work carried out within the CSCE and in particular to the Helsinki
Final Act of 1975 and the document of the Copenhagen Meeting of 1990;
Stressing the value of interculturalism and multilingualism and considering that the
protection and encouragement of regional or minority languages should not be to the
detriment of the official languages and the need to learn them;
Realising that the protection and promotion of regional or minority languages in the
different countries and regions of Europe represent 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;
Taking into consideration the specific conditions and historical traditions in the
different regions of the European States,
Have agreed as follows:
For the purposes of this Charter:
- "regional or minority languages" means languages that are:
- traditionally used within a given territory of a State by nationals of that State who
form a group numerically smaller than the rest of the State's population; and
- different from the official language(s) of that State;
it does not include either dialects of the official language(s) of the State or the
languages of migrants;
- "territory in which the regional or minority language is used" means the
geographical area in which the said language is the mode of expression of a number of
people justifying the adoption of the various protective and promotional measures provided
for in this Charter;
- "non-territorial languages" means languages used by nationals of the State
which differ from the language or languages used by the rest of the State's population but
which, although traditionally used within the territory of the State, cannot be identified
with a particular area thereof.
- Each Party undertakes to apply the provisions of Part II to all the regional or minority
languages spoken within its territory and which comply with the definition in Article 1.
- In respect of each language specified at the time of ratification, acceptance or
approval, in accordance with Article 3, each Party undertakes to apply a minimum of
thirty-five paragraphs or sub-paragraphs chosen from among the provisions of Part III of
the Charter, including at least three chosen from each of the Articles 8 and 12 and one
from each of the Articles 9, 10, 11 and 13.
- Each Contracting State shall specify in its instrument of ratification, acceptance or
approval, each regional or minority language, or official language which is less widely
used on the whole or part of its territory, to which the paragraphs chosen in accordance
with Article 2, paragraph 2, shall apply.
- Any Party may, at any subsequent time, notify the Secretary General that it accepts the
obligations arising out of the provisions of any other paragraph of the Charter not
already specified in its instrument of ratification, acceptance or approval, or that it
will apply paragraph 1 of the present article to other regional or minority languages, or
to other official languages which are less widely used on the whole or part of its
territory.
- The undertakings referred to in the foregoing paragraph shall be deemed to form an
integral part of the ratification, acceptance or approval and will have the same effect as
from their date of notification.
- Nothing in this Charter shall be construed as limiting or derogating from any of the
rights guaranteed by the European Convention on Human Rights.
- The provisions of this Charter shall not affect any more favourable provisions
concerning the status of regional or minority languages, or the legal regime of persons
belonging to minorities which may exist in a Party or are provided for by relevant
bilateral or multilateral international agreements.
Nothing in this Charter may be interpreted as implying any right to engage in any
activity or perform any action in contravention of the purposes of the Charter of the
United Nations or other obligations under international law, including the principle of
the sovereignty and territorial integrity of States.
The Parties undertake to see to it that the authorities, organisations and persons
concerned are informed of the rights and duties established by this Charter.
- In respect of regional or minority languages, within the territories in which such
languages are used and according to the situation of each language, the Parties shall base
their policies, legislation and practice on the following objectives and principles:
- the recognition of the regional or minority languages as an expression of cultural
wealth;
- the respect of the geographical area of each regional or minority language in order to
ensure that existing or new administrative divisions do not constitute an obstacle to the
promotion of the regional or minority language in question;
- the need for resolute action to promote regional or minority languages in order to
safeguard them;
- the facilitation and/or encouragement of the use of regional or minority languages, in
speech and writing, in public and private life;
- the maintenance and development of links, in the fields covered by this Charter, between
groups using a regional or minority language and other groups in the State employing a
language used in identical or similar form, as well as the establishment of cultural
relations with other groups in the State using different languages;
- the provision of appropriate forms and means for the teaching and study of regional or
minority languages at all appropriate stages;
- the provision of facilities enabling non-speakers of a regional or minority language
living in the area where it is used to learn it if they so desire;
- the promotion of study and research on regional or minority languages at universities or
equivalent institutions;
- the promotion of appropriate types of transnational exchanges, in the fields covered by
this Charter, for regional or minority languages used in identical or similar form in two
or more States.
- The Parties undertake to eliminate, if they have not yet done so, any unjustified
distinction, exclusion, restriction or preference relating to the use of a regional or
minority language and intended to discourage or endanger the maintenance or development of
it. The adoption of special measures in favour of regional or minority languages aimed at
promoting equality between the users of these languages and the rest of the population or
which take due account of their specific conditions is not considered to be an act of
discrimination against the users of more widely-used languages.
- The Parties undertake to promote, by appropriate measures, mutual understanding between
all the linguistic groups of the country and in particular the inclusion of respect,
understanding and tolerance in relation to regional or minority languages among the
objectives of education and training provided within their countries and encouragement of
the mass media to pursue the same objective.
- In determining their policy with regard to regional or minority languages, the Parties
shall take into consideration the needs and wishes expressed by the groups which use such
languages. They are encouraged to establish bodies, if necessary, for the purpose of
advising the authorities on all matters pertaining to regional or minority languages.
- The Parties undertake to apply, mutatis mutandis, the principles listed in
paragraphs 1 to 4 above to non-territorial languages. However, as far as these languages
are concerned, the nature and scope of the measures to be taken to give effect to this
Charter shall be determined in a flexible manner, bearing in mind the needs and wishes,
and respecting the traditions and characteristics, of the groups which use the languages
concerned.
- With regard to education, the Parties undertake, within the territory in which such
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:
-
- to make available pre-school education in the relevant regional or minority languages;
or
- to make available a substantial part of pre-school education in the relevant regional or
minority languages; or
- to apply one of the measures provided for under i and ii above at least to those pupils
whose families so request and whose number is considered sufficient; or
- if the public authorities have no direct competence in the field of pre-school
education, to favour and/or encourage the application of the measures referred to under i
to iii above;
-
- to make available primary education in the relevant regional or minority languages; or
- to make available a substantial part of primary education in the relevant regional or
minority languages; or
- to provide, within primary education, for the teaching of the relevant regional or
minority languages as an integral part of the curriculum; or
- to apply one of the measures provided for under i to iii above at least to those pupils
whose families so request and whose number is considered sufficient;
-
- to make available secondary education in the relevant regional or minority languages; or
- to make available a substantial part of secondary education in the relevant regional or
minority languages; or
- to provide, within secondary education, for the teaching of the relevant regional or
minority languages as an integral part of the curriculum; or
- to apply one of the measures provided for under i to iii above at least to those pupils
who, or where appropriate whose families, so wish in a number considered sufficient;
-
- to make available technical and vocational education in the relevant regional or
minority languages; or
- to make available a substantial part of technical and vocational education in the
relevant regional or minority languages; or
- to provide, within technical and vocational education, for the teaching of the relevant
regional or minority languages as an integral part of the curriculum; or
- to apply one of the measures provided for under i to iii above at least to those pupils
who, or where appropriate whose families, so wish in a number considered sufficient;
-
- to make available university and other higher education in regional or minority
languages; or
- to provide facilities for the study of these languages as university and higher
education subjects; or
- if, by reason of the role of the State in relation to higher education institutions,
sub-paragraphs i and ii cannot be applied, to encourage and/or allow the provision of
university or other forms of higher education in regional or minority languages or of
facilities for the study of these languages as university or higher education subjects;
-
- to arrange for the provision of adult and continuing education courses which are taught
mainly or wholly in the regional or minority languages; or
- to offer such languages as subjects of adult and continuing education; or
- if the public authorities have no direct competence in the field of adult education, to
favour and/or encourage the offering of such languages as subjects of adult and continuing
education;
- to make arrangements to ensure the teaching of the history and the culture which is
reflected by the regional or minority language;
- to provide the basic and further training of the teachers required to implement those of
paragraphs a to g accepted by the Party;
- to set up a supervisory body or bodies responsible for monitoring the measures taken and
progress achieved in establishing or developing the teaching of regional or minority
languages and for drawing up periodic reports of their findings, which will be made
public.
- With regard to education and in respect of territories other than those in which the
regional or minority languages are traditionally used, the Parties undertake, if the
number of users of a regional or minority language justifies it, to allow, encourage or
provide teaching in or of the regional or minority language at all the appropriate stages
of education.
- The Parties undertake, in respect of those judicial districts in which the number of
residents using the regional or minority languages justifies the measures specified below,
according to the situation of each of these languages and on condition that the use of the
facilities afforded by the present paragraph is not considered by the judge to hamper the
proper administration of justice:
- in criminal proceedings:
- to provide that the courts, at the request of one of the parties, shall conduct the
proceedings in the regional or minority languages; and/or
- to guarantee the accused the right to use his/her regional or minority language; and/or
- to provide that requests and evidence, whether written or oral, shall not be considered
inadmissible solely because they are formulated in a regional or minority language; and/or
- to produce, on request, documents connected with legal proceedings in the relevant
regional or minority language,
if necessary by the use of interpreters and translations involving no extra expense for
the persons concerned;
- in civil proceedings:
- to provide that the courts, at the request of one of the parties, shall conduct the
proceedings in the regional or minority languages; and/or
- to allow, whenever a litigant has to appear in person before a court, that he or she may
use his or her regional or minority language without thereby incurring additional expense;
and/or
- to allow documents and evidence to be produced in the regional or minority languages,
if necessary by the use of interpreters and translations;
- in proceedings before courts concerning administrative matters:
- to provide that the courts, at the request of one of the parties, shall conduct the
proceedings in the regional or minority languages; and/or
- to allow, whenever a litigant has to appear in person before a court, that he or she may
use his or her regional or minority language without thereby incurring additional expense;
and/or
- to allow documents and evidence to be produced in the regional or minority languages,
if necessary by the use of interpreters and translations;
- to take steps to ensure that the application of sub-paragraphs i and iii of paragraphs b
and c above and any necessary use of interpreters and translations does not involve extra
expense for the persons concerned.
- The Parties undertake:
- not to deny the validity of legal documents drawn up within the State solely because
they are drafted in a regional or minority language; or
- not to deny the validity, as between the parties, of legal documents drawn up within the
country solely because they are drafted in a regional or minority language, and to provide
that they can be invoked against interested third parties who are not users of these
languages on condition that the contents of the document are made known to them by the
person(s) who invoke(s) it; or
- not to deny the validity, as between the parties, of legal documents drawn up within the
country solely because they are drafted in a regional or minority language.
- The Parties undertake to make available in the regional or minority languages the most
important national statutory texts and those relating particularly to users of these
languages, unless they are otherwise provided.
- Within the administrative districts of the State in which the number of residents who
are users of regional or minority languages justifies the measures specified below and
according to the situation of each language, the Parties undertake, as far as this is
reasonably possible:
-
- to ensure that the administrative authorities use the regional or minority languages; or
- to ensure that such of their officers as are in contact with the public use the regional
or minority languages in their relations with persons applying to them in these languages;
or
- to ensure that users of regional or minority languages may submit oral or written
applications and receive a reply in these languages; or
- to ensure that users of regional or minority languages may submit oral or written
applications in these languages; or
- to ensure that users of regional or minority languages may validly submit a document in
these languages;
- to make available widely used administrative texts and forms for the population in the
regional or minority languages or in bilingual versions;
- to allow the administrative authorities to draft documents in a regional or minority
language.
- In respect of the local and regional authorities on whose territory the number of
residents who are users of regional or minority languages is such as to justify the
measures specified below, the Parties undertake to allow and/or encourage:
- the use of regional or minority languages within the framework of the regional or local
authority;
- the possibility for users of regional or minority languages to submit oral or written
applications in these languages;
- the publication by regional authorities of their official documents also in the relevant
regional or minority languages;
- the publication by local authorities of their official documents also in the relevant
regional or minority languages;
- the use by regional authorities of regional or minority languages in debates in their
assemblies, without excluding, however, the use of the official language(s) of the State;
- the use by local authorities of regional or minority languages in debates in their
assemblies, without excluding, however, the use of the official language(s) of the State;
- the use or adoption, if necessary in conjunction with the name in the official
language(s), of traditional and correct forms of place-names in regional or minority
languages.
- With regard to public services provided by the administrative authorities or other
persons acting on their behalf, the Parties undertake, within the territory in which
regional or minority languages are used, in accordance with the situation of each language
and as far as this is reasonably possible:
- to ensure that the regional or minority languages are used in the provision of the
service; or
- to allow users of regional or minority languages to submit a request and receive a reply
in these languages; or
- to allow users of regional or minority languages to submit a request in these languages.
- With a view to putting into effect those provisions of paragraphs 1, 2 and 3 accepted by
them, the Parties undertake to take one or more of the following measures:
- translation or interpretation as may be required;
- recruitment and, where necessary, training of the officials and other public service
employees required;
- compliance as far as possible with requests from public service employees having a
knowledge of a regional or minority language to be appointed in the territory in which
that language is used.
- The Parties undertake to allow the use or adoption of family names in the regional or
minority languages, at the request of those concerned.
- The Parties undertake, for the users of the regional or minority languages within the
territories in which those languages are spoken, according to the situation of each
language, to the extent that the public authorities, directly or indirectly, are
competent, have power or play a role in this field, and respecting the principle of the
independence and autonomy of the media:
- to the extent that radio and television carry out a public service mission:
- to ensure the creation of at least one radio station and one television channel in the
regional or minority languages; or
- to encourage and/or facilitate the creation of at least one radio station and one
television channel in the regional or minority languages; or
- to make adequate provision so that broadcasters offer programmes in the regional or
minority languages;
-
- to encourage and/or facilitate the creation of at least one radio station in the
regional or minority languages; or
- to encourage and/or facilitate the broadcasting of radio programmes in the regional or
minority languages on a regular basis;
-
- to encourage and/or facilitate the creation of at least one television channel in the
regional or minority languages; or
- to encourage and/or facilitate the broadcasting of television programmes in the regional
or minority languages on a regular basis;
- to encourage and/or facilitate the production and distribution of audio and audiovisual
works in the regional or minority languages;
-
- to encourage and/or facilitate the creation and/or maintenance of at least one newspaper
in the regional or minority languages; or
- to encourage and/or facilitate the publication of newspaper articles in the regional or
minority languages on a regular basis;
-
- to cover the additional costs of those media which use regional or minority languages,
wherever the law provides for financial assistance in general for the media; or
- to apply existing measures for financial assistance also to audiovisual productions in
the regional or minority languages;
- to support the training of journalists and other staff for media using regional or
minority languages.
- The Parties undertake to guarantee 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 further
undertake to ensure that no restrictions will be placed on the freedom of expression and
free circulation of information in the written press in a language used in identical or
similar form to a regional or minority language. The exercise of the above-mentioned
freedoms, since it carries with it duties and responsibilities, may be subject to such
formalities, conditions, restrictions or penalties as are prescribed by law and are
necessary in a democratic society, in the interests of national security, territorial
integrity or public safety, for the prevention of disorder or crime, for the protection of
health or morals, for the protection of the reputation or rights of others, for preventing
disclosure of information received in confidence, or for maintaining the authority and
impartiality of the judiciary.
- The Parties undertake to ensure that the interests of the users of regional or minority
languages are represented or taken into account within such bodies as may be established
in accordance with the law with responsibility for guaranteeing the freedom and pluralism
of the media.
- With regard to cultural activities and facilities especially libraries, video
libraries, cultural centres, museums, archives, academies, theatres and cinemas, as well
as literary work and film production, vernacular forms of cultural expression, festivals
and the culture industries, including inter alia the use of new technologies
the Parties undertake, within the territory in which such languages are used and to the
extent that the public authorities are competent, have power or play a role in this field:
- to encourage types of expression and initiative specific to regional or minority
languages and foster the different means of access to works produced in these languages;
- to foster the different means of access in other languages to works produced in regional
or minority languages by aiding and developing translation, dubbing, post-synchronisation
and subtitling activities;
- to foster access in regional or minority languages to works produced in other languages
by aiding and developing translation, dubbing, post-synchronisation and subtitling
activities;
- to ensure that the bodies responsible for organising or supporting cultural activities
of various kinds make appropriate allowance for incorporating the knowledge and use of
regional or minority languages and cultures in the undertakings which they initiate or for
which they provide backing;
- to promote measures to ensure that the bodies responsible for organising or supporting
cultural activities have at their disposal staff who have a full command of the regional
or minority language concerned, as well as of the language(s) of the rest of the
population;
- to encourage direct participation by representatives of the users of a given regional or
minority language in providing facilities and planning cultural activities;
- to encourage and/or facilitate the creation of a body or bodies responsible for
collecting, keeping a copy of and presenting or publishing works produced in the regional
or minority languages;
- if necessary, to create and/or promote and finance translation and terminological
research services, particularly with a view to maintaining and developing appropriate
administrative, commercial, economic, social, technical or legal terminology in each
regional or minority language.
- In respect of territories other than those in which the regional or minority languages
are traditionally used, the Parties undertake, if the number of users of a regional or
minority language justifies it, to allow, encourage and/or provide appropriate cultural
activities and facilities in accordance with the preceding paragraph.
- The Parties undertake to make appropriate provision, in pursuing their cultural policy
abroad, for regional or minority languages and the cultures they reflect.
- With regard to economic and social activities, the Parties undertake, within the whole
country:
- to eliminate from their legislation any provision prohibiting or limiting without
justifiable reasons the use of regional or minority languages in documents relating to
economic or social life, particularly contracts of employment, and in technical documents
such as instructions for the use of products or installations;
- to prohibit the insertion in internal regulations of companies and private documents of
any clauses excluding or restricting the use of regional or minority languages, at least
between users of the same language;
- to oppose practices designed to discourage the use of regional or minority languages in
connection with economic or social activities;
- to facilitate and/or encourage the use of regional or minority languages by means other
than those specified in the above sub-paragraphs.
- With regard to economic and social activities, the Parties undertake, in so far as the
public authorities are competent, within the territory in which the regional or minority
languages are used, and as far as this is reasonably possible:
- to include in their financial and banking regulations provisions which allow, by means
of procedures compatible with commercial practice, the use of regional or minority
languages in drawing up payment orders (cheques, drafts, etc.) or other financial
documents, or, where appropriate, to ensure the implementation of such provisions;
- in the economic and social sectors directly under their control (public sector), to
organise activities to promote the use of regional or minority languages;
- to ensure that social care facilities such as hospitals, retirement homes and hostels
offer the possibility of receiving and treating in their own language persons using a
regional or minority language who are in need of care on grounds of ill-health, old age or
for other reasons;
- to ensure by appropriate means that safety instructions are also drawn up in regional or
minority languages;
- to arrange for information provided by the competent public authorities concerning the
rights of consumers to be made available in regional or minority languages.
The Parties undertake:
- to apply existing bilateral and multilateral agreements which bind them with the States
in which the same language is used in identical or similar form, or if necessary to seek
to conclude such agreements, in such a way as to foster contacts between the users of the
same language in the States concerned in the fields of culture, education, information,
vocational training and permanent education;
- for the benefit of regional or minority languages, to facilitate and/ or promote
co-operation across borders, in particular between regional or local authorities in whose
territory the same language is used in identical or similar form.
- The Parties shall present periodically to the Secretary General of the Council of
Europe, in a form to be prescribed by the Committee of Ministers, a report on their policy
pursued in accordance with Part II of this Charter and on the measures taken in
application of those provisions of Part III which they have accepted. The first report
shall be presented within the year following the entry into force of the Charter with
respect to the Party concerned, the other reports at three-yearly intervals after the
first report.
- The Parties shall make their reports public.
- The reports presented to the Secretary General of the Council of Europe under Article 15
shall be examined by a committee of experts constituted in accordance with Article 17.
- Bodies or associations legally established in a Party may draw the attention of the
committee of experts to matters relating to the undertakings entered into by that Party
under Part III of this Charter. After consulting the Party concerned, the committee of
experts may take account of this information in the preparation of the report specified in
paragraph 3 below. These bodies or associations can furthermore submit statements
concerning the policy pursued by a Party in accordance with Part II.
- On the basis of the reports specified in paragraph 1 and the information mentioned in
paragraph 2, the committee of experts shall prepare a report for the Committee of
Ministers. This report shall be accompanied by the comments which the Parties have been
requested to make and may be made public by the Committee of Ministers.
- The report specified in paragraph 3 shall contain in particular the proposals of the
committee of experts to the Committee of Ministers for the preparation of such
recommendations of the latter body to one or more of the Parties as may be required.
- The Secretary General of the Council of Europe shall make a two-yearly detailed report
to the Parliamentary Assembly on the application of the Charter.
- The committee of experts shall be composed of one member per Party, appointed by the
Committee of Ministers from a list of individuals of the highest integrity and recognised
competence in the matters dealt with in the Charter, who shall be nominated by the Party
concerned.
- Members of the committee shall be appointed for a period of six years and shall be
eligible for reappointment. A member who is unable to complete a term of office shall be
replaced in accordance with the procedure laid down in paragraph 1, and the replacing
member shall complete his predecessor's term of office.
- The committee of experts shall adopt rules of procedure. Its secretarial services shall
be provided by the Secretary General of the Council of Europe.
This Charter shall be open for signature by the member States of the Council of Europe.
It is subject to ratification, acceptance or approval. Instruments of ratification,
acceptance or approval shall be deposited with the Secretary General of the Council of
Europe.
- 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 the provisions of Article 18.
- In respect of any member State which subsequently expresses its consent to be bound by
it, 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 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 State not a member of the Council of Europe to accede to this
Charter.
- In respect of 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.
- Any State may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, make one or more reservations to
paragraphs 2 to 5 of Article 7 of this Charter. No other reservation may be made.
- Any Contracting State which has made a reservation under the preceding paragraph may
wholly or partly withdraw it by means of a notification addressed to the Secretary General
of the Council of Europe. The withdrawal shall take effect on the date of receipt of such
notification by the Secretary General.
- Any Party may at any time denounce this Charter by means of a notification addressed to
the Secretary General of the Council of Europe.
- Such denunciation shall become effective 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 of:
- any signature;
- the deposit of any instrument of ratification, acceptance, approval or accession;
- any date of entry into force of this Charter in accordance with Articles 19 and 20;
- any notification received in application of the provisions of Article 3, paragraph 2;
- any other act, notification or communication relating to this Charter.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Charter.
Done at Strasbourg, this 5th day of 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.