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| 1. OVERVIEW |
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Included in the chapter on equality, this article is a commitment by the Union, its institutions and bodies and its Member States, to ensure that policies take account of and respect cultural, linguistic and religious diversity. It is distinct from article 10 of the Charter, which guarantees the subjective right to freedom of thought, conscience and religion, present in all texts on fundamental rights. Article 22 of the Charter is not therefore a traditional fundamental right, but the commitment it contains is liable to strengthen the guarantee of non-discrimination (article 21 of the Charter expressly forbide any forms of discrimination based on national minorities), the freedom of conscience and religion, or indeed the right to education, (article 14 of the Charter) the freedom of expression and information (article 11 of the Charter) and the freedom of assembly and of association. (article 12 of the Charter) |
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Explanations relating to the complete text of the Charter as set out in the Charter. |
| 2. INTERNATIONAL LAW |
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UNITED NATIONS International Covenant on Economic, Social and Cultural Rights (ICESCR) of 16 December 1966. Declaration of the Principles of International Cultural Co-operation, UNESCO, 4 November 1966. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief of 25 November 1981. (resolution 36/55 of the General Assembly) ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, (C169) 26 June 1989.Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities of 18 December 1992. (resolution 47/135 of the General Assembly) Declaration of Principles on Tolerance, UNESCO, 16 November 1995. Geneva spiritual Appeal of 24 October 1999. Convention on the protection and promotion of the diversity of cultural expressions, UNESCO, 20 october 2005. Resolution 2005/79, Rights of persons belonging to national or ethnic, religious and linguistic minorities - Human Rights Resolution
COUNCIL OF EUROPE European Charter for Regional or Minority Languages (ETS No148) of 5 November 1992. Framework Convention for the Protection of National Minorities (ETS No.157) of 1 February 1995. Recommendations of the Committee of Ministers R (98) 6, of 17 March 1998 concerning Modern Languages. R (2000) 4, of 3 February 2000 on the education of Roma/Gypsy children in Europe. R(2001) 17, of 27 November 2001on improving the economic and employment situation of Roma/Gypsies and Travellers in Europe. The legal situation of Roma in Europe Parliamentary Assembly Recommendation 1557 (2002). (Reply adopted by the Committee of Ministers on 11 June 2003 at the 843rd meeting of the Ministers' Deputies) Rec (2004) 14, of 1 December 2004 on the movement and encampment of Travellers in Europe. Reply adopted by the Committee of Ministers on 15 December 2004 to Recommendation 1623 (2003) of the Parliamentary Assembly on the Rights of national minorities. Rec(2005)3 of the Committee of Ministers to member states on teaching neighbouring languages in border regions Recommendations of the Parliamentary Assembly Recommendation 1134 (1990), on the rights of minorities, 1 October 1990. Recommendation 1202 (1993), on religious tolerance in a democratic society, 2 February 1993. Recommendation 1557 (2002), The legal situation of Roma in Europe, 25 April 2002. Recommendation 1566 (2002), European cultural co-operation and the future role of the Assembly, 24 June 2002. Recommendation 1623 (2003), of 29 September 2003, ‘Rights of national minorities.' Recommendation 1633 (2003), of 25 November 2003, ‘Forced returns of Roma from the former Federal Republic of Yugoslavia, including Kosovo, to Serbia and Montenegro from Council of Europe member states’. Recommendation 1688 (2004), of 23 November 2004, ‘Diaspora cultures’.
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| 3. EUROPEAN UNION LAW |
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Article 6 TEU: 1. The Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law, principles which are common to the Member States. Article 3 EC: For the purposes set out in Article 2, the activities of the Community shall include, as provided in this Treaty and in accordance with the timetable set out therein:(…) Declaration No 11 annexed to the final act of Amsterdam on the status of churches and non-confessional organisations Decision 96/664/EC, of 21 November 1996, on the adoption of a multiannual programme to promote the linguistic diversity of the Community in the information society. Declaration by the Council, on respecting diversity and combating racism and xenophobia. Decision 508/2000/EC, of the European Parliament and of the Council of 14 February 2000, establishing the Culture 2000 programme. Communication of 28 May 2001, from the Commission concerning the final evaluations of the multi-annual programme to stimulate the development of a European multimedia content industry and to encourage the use of multimedia content in the emerging information society (INFO2000) and of the multi-annual programme to promote the linguistic diversity of the Community in the information society. Decision 2001/48/EC, of 22 December 2000, adopting a multiannual Community programme to stimulate the development and use of European digital content on the global networks and to promote linguistic diversity in the information society. Communication COM (2003) 449, "Promoting Language Learning and Linguistic Diversity: An Action Plan 2004 – 2006. Communication from the Commission from 9 March 2004, Making citizenship Work: fostering European culture and diversity through programmes for Youth, Culture, Audiovisual and Civic Participation. Decision 792/2004/EC, of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture. Green paper - Equality and non-discrimination in an enlarged European Union. Current Legislative Procedures Proposal for a Decision establishing for the period 2007-2013 the programme "Citizens for Europe" to promote active European citizenship. Proposal for a Decision concerning the European Year of Intercultural Dialogue. (2008) |
| 4. SUMMARY OF EUROPEAN UNION POLICY |
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The respect for cultural, religious and linguistic diversity established in this article is based on the human rights and fundamental freedoms which the European Union is committed to respecting in article 6 TEU. It brings together freedom of thought, conscience and religion, (article 10 of the Charter) and the principle of non-discrimination. (article 21 of the Charter) This means that the Union is committed to ensuring that its actions do not breach these rights and freedoms. Community action in the cultural field is based on article 151 EC, introduced by the Treaty of Maastricht, which fixes three objectives:
In this framework, which concerns only the cultural diversity of Member States, positive activities are carried out not only to respect, but also and above all to safeguard and promote cultural diversity within the Community. The Community's contribution to the flowering of the cultures of the Member States contributes to the accomplishment of the missions assigned to it by the Treaty. (articles 2 and 3 EC) It is implemented by means of promotional and cooperation activities, with harmonisation measures being excluded. Programme "Culture 2000"First framework programme for culture, the ‘Culture 2000’ programme combines the old RAPHAEL, ARIANE and KALEIDOSCOPE programmes for the 2000-2004 period and extended over the 2005-2006 period.
The initiative, which was set in motion in 1985 for contributing to bringing European peoples closer together, is pursued every year. The European City of Culture has been developing a specific cultural project with a European dimension and based on cooperation. The cities that are to host the event were, until the European Parliament decision of 1999, selected unanimously by the Member States. As of 2005, the procedure will enter the community framework. Linguistic Diversity The European Union commits a high level of resources to the promotion of the linguistic diversity which is part of its identity, and to encourage language learning, which is indispensable to the correct functioning of its policies. Language teaching and learning
To give effect to the enthusiasm generated by the European Year of Languages, and following the consultation launched at the beginning of 2002 on learning languages and linguistic diversity, the Commission presented, on 24 July 2003, an Action Plan for 2004-2006. Regional and minority languages On the initiative of the European Parliament, measures are taken to conserve and promote the regional and minority languages traditionally spoken in the Member States or in member countries of the European Economic Area. Projects leading to concrete initiatives have been financed up to 2000. Financial support is also given to the European Bureau for Lesser Used Languages, and to the information and documentation network Mercator.
"e-Content" Programme By its 2001/48/EC Decision of 22 December 2000, the Council adopted a multi-annual programme aimed at advancing the development and use of the European digital content on the global networks, as well as promoting linguistic diversity in the information society. This programme, called “e-Content”, covered the 2001-2004 period, had a budget of 100 million euro, and pursued the following objectives:
In March 2005, the “eContentplus” programme was adopted for the 2005-2008 period. With an overall budget of 149 million euro, its objective was to make European digital content more accessible, more usable and exploitable by facilitating the production and distribution of online multilingual and innovative content of general interest. Twinning The Commission established a programme for town twinning in 1989, to encourage communication and the creation and consolidation of links between citizens within the Union and with those of third countries. European Citizenship and Culture European citizenship was considered a key priority in the enlarged European Union action. (cf. Commission Communication ‘on building our common future: policy challenges and budgetary means of the enlarged Union 2007-2013 COM (2004) 101 ) In this perspective, the Commission presented proposals on the means to promote European culture and diversity in the fields directly involving European citizens, and likely to strengthen the feeling of belonging to the Union: youth, culture, audiovisual and civic participation. The Communication of 9 March 2004 ‘Making citizenship Work: fostering European culture and diversity through programmes for Youth, Culture, Audiovisual and Civic Participation’ outlines this strategy in the context of renewing programmes due to end in 2006. The Commission proposed introducing in 2008 the ‘European Year of Intercultural Dialogue’ to heighten public awareness of the importance of the intercultural dialogue and development of a citizenship that is active and open to the world within the Union. The actions taken in this context will be connected to those taken during the ‘European Year of Equal Opportunities for All’ in 2007. You may also consult:
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| 5. CASE LAW |
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E.C.H.R. Buckley v United Kingdom, 25 August 1996 Cyprus v Turkey, 10 May 2001 Chapman v UK, 18 January 2001 Gorzelik and others v Poland, 17 February 2004. C.J.E.C. Groener v Minister for Education and the City of Dublin Vocational Educational Committee, 28 November 1989, Case 379/87. Parliament v Council, 23 February 1999, Case 42/97. Angonese v Cassa di Risparmio di Bolzano SpA, 6 June 2000, Case 281/98. Kingdom of Spain v. Eurojust decision of 15 March 2005, Case C-160/03 |
| 7. NGOs OPERATING IN THE FIELD |
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This list of NGOs is subject to change. It is provided for information purposes only and is not exhaustive. The NGOs listed are those with activities related to one of the fundamental rights protected by the Charter and that are active at European Union level or in the Member States. Minority Rights Group International (MRG) Minority Rights Group International (MRG) is an NGO under British law working to defend the rights of ethnic, religious and linguistic minorities and indigenous peoples worldwide, and to promote cooperation and mutual understanding between communities.
MRG publishes reports, manuals and papers, acts on behalf of and with minorities at regional and international level with the authorities of the African Commission for Human and People’s Rights, the European Union, the Organisation for Security and Cooperation in Europe, the United Nations and the World Bank, and is contributing to the development of a worldwide network of NGOs active in promoting the protection of minorities. Contact European Bureau for Lesser Used Languages (EBLUL) Founded in 1982, the European Bureau for Lesser-Used Languages (EBLUL) is an international association operating under Irish law. EBLUL works with the Commission of Member States set up in most European Union Member States.
EBLUL also manages a documentation centre and specialised press service, publishes books and documentation, and provides free information service on linguistic situations in the European Union and assistance obtaining financing and European partners. (services available on its web site) Contact Federal Union of European Nationalities (FUEN) The Federal Union of European Nationalities (FUEN) is an independent association of national minority organisations in Europe, founded in 1949. It has 73 members, associate members and correspondents from 30 countries.
Contact UNITED for Intercultural Action United for Intercultural Action (UNITED) is a European network founded in 1992 promoting cooperation by more than 550 organisations from 49 European countries. It combats nationalism, racism and fascism and supports migrants and refugees through the voluntary cooperation of its members: information sharing, local, regional and European campaigns, conferences, publications, and partnership projects. Contact Centre européen juif d’information (CEJI) The Centre européen juif d’information was founded in 1990 and brings together representatives of Europe’s Jewish community. Its objectives are to provide European Union decision makers with information on Jewish experiences, projects and ideas in the areas of fundamental rights, education, training and social integration, and to facilitate the involvement of Jewish communities in this process. Contact European Roma Rights Center (ERRC) The European Roma Rights Center (ERRC) is an organisation based in Budapest (Hungary) engaged in monitoring the fundamental rights of Roma in Europe and providing legal assistance to Romani victims of human rights violations. ERRC combats racism and discrimination against Romi and promotes the involvement of Roma in their own defence.
On the ERRC Internet site: links to organisations, associations and pages devoted to Roma, Gypsies, and nomads in Europe Contact |
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