Una persona coneguda exposava un cas d'identificació arbitrària, a més, respecte d'uns fets de dubtosa il·legalitat, que ha acabat amb unes condemnes que descriu com a del tot injustes.
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If «discrimination» is «The unjust or prejudicial treatment of different categories of people, especially on the grounds of race, age, or sex», then we can concentrate on such treatment in regard to speakers of different languages.
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At an ELEN-organized meeting, some might think that the main text to refer to on language rights would be the European Charter for Regional or Minority Languages (1992), which EBLUL and many leading figures of the day pushed for stubbornly until it was opened for signature and ratification. Though it is a useful instrument (see for instance its conclusions and recommendations in regard to Spain), it is not really about “Language Rights and discrimination”. |
Article 6, to be sure, says that |
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.
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But in the whole of the rest of the text, only Article 9.1.a refers to “rights”. It says that the parties undertake «to guarantee the accused the right to use his/her regional or minority language / in criminal proceedings. The Charter lays down no other specific rights as such! Indeed, it is only in the Preamble that we find the most substantial reference to «rights»:
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«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»...
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As far as «discrimination» is concerned, Article 7, para 2 of the European Charter states that |
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.]
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In basic terms, rights and non-discrimination boil down to specific applications of several universal rights laid down on international instruments:
… always in the context of (a) the aim of achieving full and free development of the individual human personality in conditions of equality; and (b) the fact that respect for a person's dignity is intimately connected with respect for the person's identity and consequently for the person's language.
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To start with let us refer to several basic tenets of the matter at hand from a number of international instruments, using as the main source the Oslo Recommendations of which I shall speak in a moment. |
“Article 1 of the Universal Declaration of Human Rights refers to the innate dignity of all human beings as the fundamental concept underlying all human rights standards. Article 1 of the Declaration states "All human beings are born free and equal in dignity and rights...." [T]his article… provides one of the foundations for the linguistic rights of persons belonging to national minorities. Equality in dignity and rights presupposes respect for the individual's identity as a human being. Language is one of the most fundamental components of human identity. Hence, respect for a person's dignity is intimately connected with respect for the person's identity and consequently for the person's language.”
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“Article 10(1) of the Council of Europe's Framework Convention for the Protection of National Minorities stipulates that... |
The Parties undertake to recognise that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing.
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Non-discrimination is clearly laid down in the International Covenant on Civil and Political Rights (1966): |
Article 2 (1)
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
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The Explanatory Note to the 1998 Oslo Recommendations reminds us that |
“Article 19 of the Covenant guarantees freedom of expression which ... not only guarantees the right to impart or receive information and ideas of all sorts, regardless of frontiers, but also guarantees the right to do so in the medium or language of one's choice.”
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[Article 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.]
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The Oslo Recommendations also highlight the fact that “The Council of Europe [Committee of Minister]’s Declaration on Freedom of Expression and Information (1982) affirms the social dimension of this right. |
"...the freedom of expression and information is necessary for the social, economic, cultural and political development of every human being, and constitutes a condition for the harmonious progress of social and cultural groups, nations and the international community. The imparting and receiving of information also suggests people acting in community..."
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So much for these preliminary points.
To my mind the document that most thoroughly deals with these issues, in the framework of the speakers of «minoritised» languages (the terms used are plentiful!) is The Oslo Recommendations regarding the Linguistic Rights of National Minorities commissioned and adopted by the High Commissioner for National Minorities of the OSCE in 1998, and of which I was fortunate enough to be invited to help draft.
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It came shortly after The Hague recommendations regarding the education rights of national minorities (and explanatory note; 1996) of which I shall quote just the two first paragraphs:
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1. The right of persons belonging to national minorities to maintain their identity can only be fully realised if they acquire a proper knowledge of their mother tongue during the educational process. [At the same time, persons belonging to national minorities have a responsibility to integrate into the wider national society through the acquisition of a proper knowledge of the State language.]
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2. In applying international instruments which may benefit persons belonging to national minorities, States should consistently adhere to the fundamental principles of equality and non-discrimination.
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The basic idea behind the Oslo Recommendations is that international instruments define rights, and fix obligations, that are of universal applicability and therefore also to speakers of minoritised languages, or to members of national minorities that speak a language other than that of the State. So despite the title, the rights do not belong only to such minorities. |
I quote:
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* Insofar as existing standards of minority rights are part of human rights, the starting point for the consultations was to presume compliance by States with all other human rights obligations including, in particular, equality and freedom from discrimination, freedom of expression, freedom of assembly and of association, as well as all the rights and freedoms of persons belonging to national minorities.
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* It was also presumed that the ultimate object of all human rights is the full and free development of the individual human personality in conditions of equality.
Consequently, it was presumed that civil society should be open and fluid and, therefore, integrate all persons, including those belonging to national minorities.
Insofar as the use of language is also a fundamentally communicative matter, the essential social dimension of the human experience was also fully presumed.
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* The resultant Oslo Recommendations Regarding the Linguistic Rights of National Minorities attempt to clarify, in relatively straight-forward language, the content of minority language rights generally applicable in the situations in which the HCNM is involved.
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Note – and I'm sure I won't be the only person to point this out – that the rights do not apply to the language as such. Moreover, rights are apportioned to individuals, rather than to the national minorities as such; and this is underlined by constant references to «persons belonging to national minorities».
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Suma los "Sí" y los "No" y al final mira los dos comentarios. 1. Te satisface un Estado en que los dirigentes político...