Committee on Citizen's Freedoms and Rights, Justice and Home Affairs - Freedom, security and justice : An agenda for Europe. La città ideale di Piero della FrancescaCommittee on Citizen's Freedoms and Rights, Justice and Home Affairs - Freedom, security and justice : An agenda for Europe. La città ideale di Piero della FrancescaLIBE
Committee on Citizen's Freedoms and Rights, Justice and Home Affairs - Freedom, security and justice : An agenda for Europe
Charter of Fundamental Rights of the European Union
ARTICLE 22
CULTURAL, RELIGIOUS AND LINGUISTIC DIVERSITY

The Union shall respect cultural, religious and linguistic diversity.

 
1.Overview
2.International law
3.European Union law
4.Summary of EU action
5.Case Law
6.National Laws
7.NGOs Operating in the field
8.European Parliament's position
  
  
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1. OVERVIEW

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)
The respect of cultural, religious and linguistic diversity is based on the provisions of article 6 EU on the respect of the principles of freedom and democracy, human rights and of States governed by the rule of law within the Union. In that sense, respect for diversity is essential in giving minorities access to the fundamental rights. Article 22 is also based on the provisions of article 151 EC on community action in the field of culture. Paragraphs 1 and 4 of article 151 EC provide that, in the context of its actions, the Community respect and ensure the promotion of the diversity of its different cultures. This guarantee applies to the respect and support of European cultural or regional minorities. At the frontier of the two articles of these treaties, article 22 of the Charter should guarantee the respect of all cultural, religious or linguistic minorities within the Union.
There are few Conventions on cultural, religious or linguistic diversity. The Council of Europe is nevertheless active in this area, but the European Charter on Regional or Minority Languages of 5th November 1992 has been ratified only by Austria, Belgium, France, Greece, Luxembourg, the Netherlands and Portugal. As for the Framework Convention for the Protection of National Minorities, it has so far been ratified only by eight of the fifteen member states of the Union. (Austria, Belgium, France, Greece, Ireland, Italy, Luxembourg and Portugal)

Explanations relating to the complete text of the Charter as set out in the Charter. PDF
Documents and contributions of the preparatory works of the Convention:

  
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2. INTERNATIONAL LAW

UNITED NATIONS
International Covenant on Civil and Political Rights (ICCPR) of 16 December 1966.
Article 27 : In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.

International Covenant on Economic, Social and Cultural Rights (ICESCR) of 16 December 1966.
Article 13 : 1. [The States Parties to the present Covenant ] (.) that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms (.)
3. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to choose for their children schools, other than those established by the public authorities, (.), and to ensure the religious and moral education of their children in conformity with their own convictions.

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 Cultural Convention (ETS No18) of 19 December 1954.

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

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.
2. The Union shall respect fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms signed in Rome on 4 November 1950 and as they result from the constitutional traditions common to the Member States, as general principles of Community law. (.)

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:(…)
p) a contribution to the attainment of a high level of health protection; (…)

Article 149 EC: 1. The Community shall contribute to the development of quality education by encouraging cooperation between Member States and, if necessary, by supporting and supplementing their action, while fully respecting the responsibility of the Member States for the content of
teaching and the organisation of education systems and their cultural and linguistic diversity.(…)

Article 151 EC: 1. The Community shall contribute to the flowering of the cultures of the Member States, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore. (.)
4. The Community shall take cultural aspects into account in its action under other provisions of this Treaty, in particular in order to respect and to promote the diversity of its cultures. (.)

Declaration No 11 annexed to the final act of Amsterdam on the status of churches and non-confessional organisations
"The European Union respects and does not prejudice the status un-der national law of churches and religious associations or com-munities in the Member States. The European Union equally respects the status of philosophical 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. Legislative Observatory - OEIL
OJ L 306 , 28/11/1996 p. 0040 - 0048.

Declaration by the Council, on respecting diversity and combating racism and xenophobia.
OJ C 1 of 3 January 1998

Decision 508/2000/EC, of the European Parliament and of the Council of 14 February 2000, establishing the Culture 2000 programme. Legislative Observatory - OEIL
Official Journal L 063 , 10/03/2000 p. 0001 - 0009.

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. Legislative Observatory - OEIL
(MLIS) (COM (2001)276)

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. Legislative Observatory - OEIL
Official Journal L 014 , 18/01/2001 p. 0032 - 0040.

Communication COM (2003) 449, "Promoting Language Learning and Linguistic Diversity: An Action Plan 2004 – 2006. pdf

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.
COM (2004) 154.

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. Legislative Observatory - OEIL
Official Journal L 138 , 30/04/2004 p. 0040 - 0049.

Green paper - Equality and non-discrimination in an enlarged European Union. Legislative Observatory - OEIL

Current Legislative Procedures

Proposal for a Decision establishing for the period 2007-2013 the programme "Citizens for Europe" to promote active European citizenship. Legislative Observatory - OEIL
COM (2005) 116 of 6 April 2005

Proposal for a Decision concerning the European Year of Intercultural Dialogue. (2008) Legislative Observatory - OEIL
COM (2005) 467 of 5 October 2005

  
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4. SUMMARY OF EUROPEAN UNION POLICY

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: SCADplus documentary website

  • contribution to the flowering of the cultures of the Member States while respecting their national and regional diversity,
  • bringing their common cultural heritage to the fore,
  • taking cultural aspects into account in all its activities, in order to respect and promote the diversity of Community cultures.

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. Scadplus documentary website
Its main objectives are:

  • to promote dialogue on and mutual knowledge of European culture;
  • to highlight European cultural heritage;
  • to develop new forms of cultural expression;
  • to promote creativity and the spread of European culture across frontiers, mobility of artists;
  • to encourage dialogue between the culture of different European countries and the culture of other countries.
  • Website of the European Commission, DG Education, Audiovisual and Culture.
European City of Culture

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. Scadplus documentary website

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

  • Measures included in the SOCRATES and LEONARDO DA VINCI programmes. (cf. article 14 of the Charter, Right to education)
  • ARIANE programme, included in the programme "Culture 2000", which provides support for translation in the context of promoting books and reading.
  • MEDIA II programme which finances dubbing and sub-titles for film distribution.
  • Action Plan for language teaching and the promotion of linguistic diversity.

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. PDF This plan focuses on three objectives: spreading the benefits of lifelong language learning to all citizens, improving language teaching and creating an environment more favourable to languages. The proposed actions on the European level are based on the resources of existing community programmes and actions, and should play a part in and support actions led by local, regional and national authorities.

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:

  • increasing the availability of European digital content on the global networks to support the professional, social and cultural development of citizens and make it easier for candidate countries to become part of the information society;
  • encouraging access to European digital content and the exploitation of its potential by more efficient use of information from the public sector;
  • promoting cultural and linguistic diversity in digital content on the global networks and improving European companies' export opportunities via linguistic and cultural adaptation;
  • creating favourable conditions for the reduction of the fragmentation of the market, for the commercialisation, distribution and use of European digital content on the global networks in order to encourage economic activity and increase opportunities for employment.

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.
In accordance with its strategic directions, submitted for defining financial prospects for 2007-2013, the Commission proposed, on 6 April 2005, a programme to promote European citizenship for 2007-2013 (COM (2005) 116), Documentory database SCADplus which should replace the 2004-2006 civic participation programme. To create conditions for bringing European citizens closer together and to increase the feeling of a European identity, the proposed programme underlines, through its objectives, the importance of the involvement of local communities and of intercultural dialogue.

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:

  • article 10 of the Charter (Freedom of thought, conscience and religion), concerning religious diversity and, in particular, sects;
  • article 14 of the Charter (Right to education), concerning access to education for minorities;
  • article 21 of the Charter (Non-discrimination), concerning the fight against racism.

Press release of February 2002, of the European Ombudsman who criticises Commission's passive attitude towards possible racism in recruitment.

  
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5. CASE LAW

E.C.H.R.
"relating to certain aspects of the laws on the use of languages in education in Belgium," 23 July 1968.
The Court's interpretation of the Convention:
"In particular the first sentence of Article 2 does not specify the language in which education must be conducted in order that the right to education should be respected. (.) However the right to education would be meaningless if it did not imply in favour of its beneficiaries, the right to be educated in the national language or in one of the national languages, as the case may be." (Par. 3)
"The second sentence of Article 2 of the Protocol does not guarantee a right to education; this is clearly shown by its wording. (.) This provision does not require of States that they should, in the sphere of education or teaching, respect parents' linguistic preferences, but only their religious and philosophical convictions." (Par. 6)
"According to Article 14 of the Convention, the enjoyment of the rights and freedoms set forth therein shall be secured without discrimination ("sans distinction aucune") on the ground, inter alia, of language; and by the terms of Article 5 of the Protocol, this same guarantee applies equally to the rights and freedoms set forth in this instrument. It follows that both Article 2 of the Protocol and Article 8 of the Convention must be interpreted and applied by the Court not only in isolation but also having regard to the guarantee laid down in Article 14. While it is true that this guarantee has no independent existence in the sense that under the terms of Article 14 it relates solely to "rights and freedoms set forth in the Convention", a measure which in itself is in conformity with the requirements of the Article enshrining the right or freedom in question may however infringe this Article when read in conjunction with Article 14 for the reason that it is of a discriminatory nature." (Par. 8 and 9)
"In the present case the Court notes that Article 14, even when read in conjunction with Article 2 of the Protocol, does not have the effect of guaranteeing to a child or to his parent the right to obtain instruction in a language of his choice. The object of these two Articles, read in conjunction, is more limited: it is to ensure that the right to education shall be secured by each Contracting Party to everyone within its jurisdiction without discrimination on the ground, for instance, of language. This is the natural and ordinary meaning of Article 14 read in conjunction with Article 2. Furthermore, to interpret the two provisions as conferring on everyone within the jurisdiction of a State a right to obtain education in the language of his own choice would lead to absurd results, for it would be open to anyone to claim any language of instruction in any of the territories of the Contracting Parties. (.)
It remains true that, by virtue of Article 14, the enjoyment of the right to education and the right to respect of family life, guaranteed respectively by Article 2 of the Protocol and Article 8 of the Convention, are to be secured to everyone without discrimination on the ground, inter alia, of language." (Par. 11)
Decision of the Court on the 5th question in the submissions of those appearing before it:
"(.) the language of instruction is Dutch in the six communes; [the Act] requires nevertheless, the organisation, for the benefit of children whose maternal or usual language is French, of official or subsidised education in French at the nursery and primary levels, on condition that it is asked for by sixteen heads of family. However, this education is not available to children whose parents live outside the communes under consideration. The Dutch classes in the same communes, on the other hand, in principle accept all children, whatever their maternal or usual language and place of residence of their parents. The residence condition affecting therefore only one of the two linguistic groups, the Court is called upon to examine whether there results therefrom a discrimination contrary to Article 14 of the Convention, read in conjunction with the first sentence of Article 2 of the Protocol or with Article 8 of the Convention. Such a measure is not justified in the light of the requirements of the Convention in that it involves elements of discriminatory treatment of certain individuals, founded even more on language than on residence.
First, this measure is not applied uniformly to families speaking one or the other national language. The Dutch-speaking children resident in the French unilingual region, which incidentally is very near, have access to Dutch-language schools in the six communes, whereas French-speaking children living in the Dutch unilingual region are refused access to French-language schools in those same communes. Likewise, the Dutch classes in the six communes are open to Dutch-speaking children of the Dutch unilingual region whereas the French classes in those communes are closed to the French-speaking children of that region.
(.)It consequently appears that the residence condition is not imposed in the interest of schools, for administrative or financial reasons: it proceeds solely, in the case of the Applicants, from considerations relating to language. Furthermore the measure in issue does not fully respect, in the case of the majority of the Applicants and their children, the relationship of proportionality between the means employed and the aim sought. In this regard the Court, in particular, points out that the impossibility of entering official or subsidised French-language schools in the six communes "with special facilities" affects the children of the Applicants in the exercise of their right to education, all the more in that there exist no such schools in the communes in which they live. The enjoyment of the right to education as the Court conceives it, and more precisely that of the right of access to existing schools, is not therefore on the point under consideration secured to everyone without discrimination on the ground, in particular, of language. In other words, the measure in question is, in this respect, incompatible with the first sentence of Article 2 of the Protocol, read in conjunction with Article 14 of the Convention. (.)" (Par. 32)

Buckley v United Kingdom, 25 August 1996
Refusal to issue a planning permission allowing a Gypsy to live in caravans on her land. Position of the European Human Rights Commission
"The Commission submitted that Gypsies following a traditional lifestyle required special consideration in planning matters and considered that this had been recognised by the Government. In the specific circumstances of the applicant's case, however, a proper balance had not been achieved. The area in question had not been singled out for special protection, whether as a national park, as an area of outstanding natural beauty or as a green belt. The stationing of caravans on the frontage of the site had been authorised, as had the erection of buildings belonging to an agricultural engineering business on neighbouring land. (.)" (Par. 71 and 72)
Position of the European Court of Human Rights
"The applicant was offered the opportunity (.)to apply for a pitch on the official caravan site situated about 700 metres from the land which she currently occupies. (.) Evidence has been adduced which tends to show that the alternative accommodation available at this location was not as satisfactory as the dwelling which she had established in contravention of the legal requirements. (.) However, Article 8 does not necessarily go so far as to allow individuals' preferences as to their place of residence to override the general interest." (Par. 81)
Dissenting opinion of Judge Pettiti:
"The British Government denied that their policy was discriminatory. Yet a number of legal provisions expressly refer to Gypsies in order to restrict their rights by means of administrative rules. However, the only acceptable discrimination under Article 14 is positive discrimination, which implies that in order to achieve equality of rights through equality of opportunity it is necessary in certain cases to grant additional rights to the deprived members of the population such as the underclasses of developed countries, and the Gypsy and Jenische (1) communities. The discrimination results equally from the fact that if in similar circumstances a British citizen who was not a Gypsy wished to live on his land in a caravan, the authorities would not raise any difficulties, even if they considered his conduct to be unorthodox.
If the Buckley case were transposed to a family of ecologists or adherents of a religion instead of Gypsies, the harassment to which Mrs Buckley was subjected would not have occurred; even supposing that it had, domestic remedies or an application under the European Convention on Human Rights would have allowed such an interference with family life to be brought to an end, which was not so under the domestic law in the case of Gypsy families."

Cyprus v Turkey, 10 May 2001
The application presented several grievances. (missing and displaced persons, living conditions in northern Cyprus) The Court concluded that the discriminatory living conditions imposed by Turkey on Greek Cypriots in the northern part of the island (isolation, restrictions on their movements, controls and lack of prospects for renewing or developing their community) are contrary to Article 3 ECHR.
"For the Court it is an inescapable conclusion that the interferences at issue were directed at the Karpas Greek-Cypriot community for the very reason that they belonged to this class of persons. The treatment to which they were subjected during the period under consideration can only be explained in terms of the features which distinguish them from the Turkish-Cypriot population, namely their ethnic origin, race and religion. The Court would further note that it is the policy of the respondent State to pursue discussions within the framework of the inter-communal talks on the basis of bi-zonal and bi-communal principles. (.) The respondent State's attachment to these principles must be considered to be reflected in the situation in which the Karpas Greek Cypriots live and are compelled to live: isolated, restricted in their movements, controlled and with no prospect of renewing or developing their community. The conditions under which that population is condemned to live are debasing and violate the very notion of respect for the human dignity of its members. In the Court's opinion, and with reference to the period under consideration, the discriminatory treatment attained a level of severity which amounted to degrading treatment." (Par. 309 and 310)

Chapman v UK, 18 January 2001
"The Court considers that the applicant's occupation of her caravan is an integral part of her ethnic identity as a gypsy, reflecting the long tradition of that minority of following a travelling lifestyle. This is the case even though, under the pressure of development and diverse policies or from their own volition, many gypsies no longer live a wholly nomadic existence and increasingly settle for long periods in one place in order to facilitate, for example, the education of their children. Measures which affect the applicant's stationing of her caravans have therefore a wider impact than on the right to respect for home. They also affect her ability to maintain her identity as a gypsy and to lead her private and family life in accordance with that tradition." (Par. 73)
"Moreover, to accord to a gypsy who has unlawfully established a caravan site at a particular place different treatment from that accorded to non-gypsies who have established a caravan site at that place or from that accorded to any individual who has established a house in that particular place would raise substantial problems under Article 14 of the Convention." (Par. 95)
"Nonetheless, although the fact of being a member of a minority with a traditional lifestyle different from that of the majority of a society does not confer an immunity from general laws intended to safeguard assets common to the whole society such as the environment, it may have an incidence on the manner in which such laws are to be implemented. (.) The vulnerable position of gypsies as a minority means that some special consideration should be given to their needs and their different lifestyle both in the relevant regulatory planning framework and in arriving at the decisions in particular cases. (.) To this extent there is thus a positive obligation imposed on the Contracting States by virtue of Article 8 to facilitate the gypsy way of life. (.)" (Par. 96)
" The Court does not, however, accept the argument that, because statistically the number of gypsies is greater than the number of places available in authorised gypsy sites, the decision not to allow the applicant gypsy family to occupy land where they wished in order to install their caravan in itself, and without more, constituted a violation of Article 8. This would be tantamount to imposing on the United Kingdom, as on all the other Contracting States, an obligation by virtue of Article 8 to make available to the gypsy community an adequate number of suitably equipped sites. The Court is not convinced, despite the undoubted evolution that has taken place in both international law, as evidenced by the Framework Convention, and domestic legislations in regard to protection of minorities, that Article 8 can be interpreted to involve such a far-reaching positive obligation of general social policy being imposed on States. (.)" (Par. 98)
"Having regard to its findings above under Article 8 of the Convention that any interference with the applicant's rights was proportionate to the legitimate aim of preservation of the environment, the Court concludes that there has been no discrimination contrary to Article 14 of the Convention. While discrimination may arise where States without an objective and reasonable justification fail to treat differently persons whose situations are significantly different (.), the Court does not find, in the circumstances of this case, any lack of objective and reasonable justification for the measures taken against this applicant." (Par. 129)

Gorzelik and others v Poland, 17 February 2004.
The Polish authorities refused to register the association founded by the applicants owing to the fact that its name, "Union of People of Silesian Nationality", and certain provisions of its memorandum of association refer to Silesians as a "national minority", suggesting the intent of circumventing the Elections Act and obtaining electoral privileges and rights granted only to national minorities. The applicants alleged breach of their right to freedom of association. (Article 11 of the ECHR)
Taking into account in particular the absence of a definition of "national minority" in international law, and the variety of practices regarding official recognition by States of national, ethnic or other minorities within their population, the Court considered that the lack of an express definition of the concept of "national minority" in domestic legislation does not mean that the Polish State was in breach of its duty to frame law in sufficiently precise terms. (§ 69)
The Court stressed the importance of freedom of association and of the principle of pluralism in a democratic society and recognised that this freedom is particularly important for persons belonging to minorities, including national and ethnic minorities. (§§ 90-93) In the present case, it held that the interference in question was not directed against the substance of freedom of association, because it "was essentially concerned with the label which the association could use in law – with whether it could call itself a 'national minority' – rather than with its ability to act collectively in a field of mutual interest." (§ 105) The Court therefore held that there had been no violation of Article 11 of the ECHR.

C.J.E.C.
Vivien Prais v Council, 27 October 1976, Case 130/75.
"When a competition is on the basis of tests, the principle of equality necessitates that the tests shall be on the same conditions for all candidates, and in the case of written tests, the practical difficulties of comparison require that the written tests for all candidates should be the same. It is therefore of great importance that the date of the written tests should be the same for all candidates. The interest of participants not to have a date fixed for a test which is unsuitable must be balanced against this necessity.
If a candidate informs the appointing authority that religious reasons make certain dates impossible for him the appointing authority should take this into account in fixing the date for written tests, and endeavour to avoid such dates. On the other hand, if the candidate does not inform the appointing authority in good time of his difficulties the appointing authority would be justified in refusing to afford an alternative date, particularly if there are other candidates who would have been convoked for the test."

Groener v Minister for Education and the City of Dublin Vocational Educational Committee, 28 November 1989, Case 379/87.
"A permanent full-time post of lecturer in public vocational education institutions is a post of such a nature as to justify the requirement of linguistic knowledge, within the meaning of the last subparagraph of Article 3(1) of Regulation No 1612/68 of the Council, provided that the linguistic requirement in question is imposed as part of a policy for the promotion of the national language which is, at the same time, the first official language and provided that this requirement is applied in a proportionate and non-discriminatory manner. Moreover, the principle of non-discrimination precludes the imposition of any requirement that the linguistic knowledge in question must have been acquired within the national territory."

Parliament v Council, 23 February 1999, Case 42/97.
The European Parliament contested the Council's legal basis for Decision 96/664/EC of 21 November 1996, concerning the adoption of a multi-annual programme for the promotion of the linguistic diversity of the Community in the information society. The EP maintained that in addition to Article 130 EC (measures to ensure the competitiveness of Community industry), the decision should also have been based on Article 128 EC. (flowering of the cultures of the Member States, while respecting their national and regional diversity)
"As regards the content of the contested decision, it must be pointed out that the actions referred to in Article 2 and the action lines mentioned in Annex I relate to the development of infrastructures, the use of technologies and resources, the reduction of costs through centralisation of the tools available and the promotion of technical standards in linguistic fields.
Such actions cannot be regarded as having the direct effect of improving the dissemination of culture, conserving or safeguarding cultural heritage of European significance or encouraging artistic and literary creation within the meaning of Article 128(2) of the Treaty.
On the contrary, the main aim of those actions is to ensure that undertakings do not disappear from the market or have their competitiveness undermined by communications costs caused by linguistic diversity. As regards more particularly the action line referred to in the third indent of the first paragraph of Article 2 of the contested decision, namely promotion of the use of advanced language tools in the Community and Member States public sector, it must be observed that, according to the seventeenth recital, it is designed in particular to reduce the cost of developing and using language tools. It is also justified by the `the catalytic role of the public sector for the quicker, widespread adoption of common standards' and the concern to encourage convergence in the future development of language tools, indicated in point 3 of Annex I to the decision.
From a review of those factors it cannot be concluded that that action line is specifically cultural. On the contrary, looked at in conjunction with the other action lines, it must be regarded as one of the elements of a comprehensive programme pursuing above all rationalisation of the development of linguistic tools and the rapid establishment of multilingual infrastructures.
Even if an action line of that kind concerns the public sector, it cannot be disputed that it comes predominantly within the objectives laid down in Article 130(1) of the Treaty, whether it be speeding up the adjustment of industry to structural changes, encouraging an environment favourable to initiative and to the development of undertakings throughout the Community or the objective of `fostering better exploitation of the industrial potential of policies of innovation, research and technological development'.
It is clear from the foregoing examination that the object of the programme, namely the promotion of linguistic diversity, is seen as an element of an essentially economic nature and incidentally as a vehicle for or element of culture as such.
It is not disputed that the programme will have beneficial effects for the dissemination of cultural works, in particular by improving the tools available for the task of translation. The Council was therefore right to take account of them, in accordance with Article 128(4) of the Treaty, and to mention those effects in a number of recitals in the preamble to the contested decision.
They are, however, indirect and incidental effects as compared with the direct effects sought, which are of an economic nature and do not justify basing the decision on Article 128 of the Treaty as well.
64 In conclusion, it is clear from the contested decision as a whole, and particularly from the aims mentioned in its preamble and in Article 1, and from the actions envisaged in Article 2 and Annex I, that it was properly based only on Article 130 of the Treaty." (Par. 55 to 64)

Angonese v Cassa di Risparmio di Bolzano SpA, 6 June 2000, Case 281/98.
"The prohibition of discrimination on grounds of nationality laid down in Article 48 of the Treaty (now, after amendment Article 39 EC), which is drafted in general terms and is not specifically addressed to the Member States, also applies to conditions of employment fixed by private persons.
Article 48 of the EC Treaty (now, after amendment, Article 39 EC) precludes an employer from requiring persons applying to take part in a recruitment competition to provide evidence of their linguistic knowledge exclusively by means of one particular diploma issued only in one particular province of a Member State. That requirement puts nationals of the other Member States at a disadvantage, since persons not resident in that province have little chance of acquiring the diploma, a certificate of bilingualism, and it will be difficult, or even impossible, for them to gain access to the employment in question. The requirement is not justified by any objective factors unrelated to the nationality of the persons concerned and in proportion to the aim legitimately pursued. In that regard, even though requiring an applicant for a post to have a certain level of linguistic knowledge may be legitimate and possession of a diploma such as the certificate may constitute a criterion for assessing that knowledge, the fact that it is impossible to submit proof of the required linguistic knowledge by any other means, in particular by equivalent qualifications obtained in other Member States, must be considered disproportionate in relation to the aim in view. Therefore, the requirement constitutes discrimination on grounds of nationality contrary to Article 48 of the Treaty."

Kingdom of Spain v. Eurojust decision of 15 March 2005, Case C-160/03
Spain applied to annul, in seven calls for applications issued by Eurojust to recruit temporary staff posts, both the point concerning documents to be submitted in English by persons submitting their application form in another language and the various points, appearing in each call for applications, concerning applicants qualifications in respect of knowledge of languages. It contends that only a thorough knowledge of one language may be required of candidates, even in principle their native language, as well as a satisfactory knowledge of one other language, leaving the choice to the candidates, and that consequently no provision of the decision establishing Eurojust declares that the working languages for Eurojust are English and French, all official languages of the Union may be used by Eurojust members and the personnel in the secretariat of this body. Consequently, the calls for applications would violate Eurojust’s languages. Finally, Spain emphasizes that to require candidates complete certain documents and conditions in English in the calls for applications, concerning knowledge of English and French, constitutes clear discrimination based on nationality, since it favours candidates whose native language is English or French. The more favourable treatment of these two languages could not be justified nor even motivated, which would constitute in this regard a violation of the obligation of justification provided for under Article 253 EC.
The Court declares this application for annulment founded on Article 230 EC inadmissible because the “acts contested in the present action are not included in the list of acts the legality of which the Court may review under that article” (§ 37). It stipulates that “Article 41 EU does not provide that Article 230 EC is to apply to the provisions on police and judicial cooperation in criminal matters in Title VI of the Treaty on European Union, the jurisdiction of the Court in such matters being defined in Article 35 EU, to which Article 46(b) EU refers” (§ 38).
The Court adds that “as regards the right to effective judicial protection in a community based on the rule of law which, in the view of the Kingdom of Spain, requires that all decisions of a body with legal personality subject to Community law be amenable to judicial review, it must be observed that the acts contested in this case are not exempt from judicial review. As is clear from Article 30 of the Decision [creating Eurojust], Eurojust staff are to be subject to the rules and regulations applicable to officials and other servants of the European Communities. It follows that, in accordance with the consistent case-law, the main parties concerned, namely the candidates for the various positions in the contested calls for applications, had access to the Community Courts under the conditions laid down in Article 91 of the Staff Regulations […]. In the event of such an action, Member States would be entitled to intervene in the proceedings in accordance with Article 40 of the Statute of the Court of Justice and could, where appropriate, as is clear from the second and third paragraphs of Article 56 of that Statute, appeal against the judgment of the Court of First Instance.” (§§ 41-43).

  
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6. NATIONAL LAWS

Belgium  Constitution of the Kingdom of Belgium
Article 11
Enjoyment of the rights and freedoms recognized for Belgians should be ensured without discrimination. To this end, laws and decrees guarantee notably the rights and freedoms of ideological and philosophical minorities.
Article 23
Everyone has the right to lead a life in conformity with human dignity.
To this end, the laws, decrees, and rulings alluded to in Article 134 guarantee, taking into account corresponding obligations, economic, social, and cultural rights, and determine the conditions for exercising them. (...)
the right to enjoy cultural and social fulfillment.
Article 30
The use of languages current in Belgium is optional; only the law can rule on this matter, and only for acts of the public authorities and for legal matters.

Czech Republic Constitution of the Czech Republic
Article 24
A Deputy or a Senator may resign from his or her office by a statement made personally at a meeting of the chamber the member whereof he or she is. If serious circumstances prevent him or her from doing so, he or she may so act in a manner specified by law.
Article 25
(1) Citizens who constitute national or ethnic minorities are guaranteed all- round development, in particular the right to develop with other members of the minority their own culture, the right to disseminate and receive information in their language, and the right to associate in ethnic associations. Detailed provisions in this respect shall be set by law.
(2) Citizens constituting national and ethnic minorities are also guaranteed under conditions set by law
(a) the right to education in their language,
(b) the right to use their language in official contact,
(c) the right to participate in the settlement of matters concerning the national and ethnic minorities.

Republic of Estonia Constitution of the Republic of Estonia
Article 37
“(…) Everyone has the right to receive instruction in Estonian. The language of instruction in national minority educational institutions shall be chosen by the educational institution. (…)”
Article 50
“National minorities have the right, in the interests of national culture, to establish self-governing agencies under conditions and pursuant to procedure provided by the National Minorities Cultural Autonomy Act.”
Article 52
“The official language of state agencies and local governments shall be Estonian.
In localities where the language of the majority of the residents is not Estonian, local governments may, to the extent and pursuant to procedure provided by law, use the language of the majority of the permanent residents of the locality as an internal working language.
The use of foreign languages, including the languages of national minorities, in state agencies and in court and pre-trial procedure shall be provided by law.”

Greece Constitution of the Hellenic Republic
Article 4
(...) Greek men and Greek women have equal rights and obligations.

Spain Constitution of the Kingdom of Spain
Article 3
1. Castilian is the official Spanish language of the State. All Spaniards have the duty to know it and the right to use it.
2. The other Spanish languages shall also be official in the respective Self-governing Communities in accordance with their Statutes.
3. The richness of the different linguistic modalities of Spain is a cultural heritage which shall be specially respected and protected.

France Constitution of the French Republic
Article 1
France shall be an indivisible, secular, democratic and social Republic. It shall ensure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs.

Ireland Constitution of Ireland
Article 40.6
(...) Laws regulating the manner in which the right of forming associations and unions and the right of free assembly may be exercised shall contain no political, religious or class discrimination.

Italy Constitution of the Italian Republic

Article 6
The Republic shall safeguard linguistic minorities by means of special provisions.
Article 8
All religious denominations shall be equally free before the law.
Religious denominations other than Catholic shall have the right to organize themselves according to their own by-laws provided that they are not in conflict with the Italian legal system. (...)

Republic of Cyprus Constitution of the Republic of Cyprus
Appendice E – The rights of smaller religious groups in Cyprus
“1. In the negotiations leading up to the establishment of the Republic of Cyprus, Her Majesty's Government have been concerned to secure for the minor religious groups in Cyprus (Armenians, Maronites and Latins) the continued enjoyment of the liberties and status which they have had under British rule. The following paragraphs set out the safeguards which are to this end being provided in the Constitution of the Republic.
2. Under the Constitution, members of these groups will, as individuals, be guaranteed human rights and fundamental freedoms comparable to those set out in the European Convention for the protection of Human Rights and Fundamental Freedoms and the Protocol thereto. Both as individuals, and as groups, they will also enjoy constitutional protection against discrimination. (…)”

Republic of Latvia Constitution of the Republic of Latvia
Article 114
“Persons belonging to ethnic minorities have the right to preserve and develop their language and their ethnic and cultural identity.”
Article 116
“The rights of persons set out in Articles ninety-six, ninety-seven, ninety-eight, one hundred, one hundred and two, one hundred and three, one hundred and six, and one hundred and eight of the Constitution may be subject to restrictions in circumstances provided for by law in order to protect the rights of other people, the democratic structure of the State, and public safety, welfare and morals. On the basis of the conditions set forth in this Article, restrictions may also be imposed on the expression of religious beliefs.”

Republic of Lithuania Constitution of the Republic of Lithuania
Article 37
Citizens who belong to ethnic communities shall have the right to foster their language, culture, and customs.

Luxembourg Constitution of the Grand Duchy of Luxembourg
Article 29
The law shall regulate the use of languages in administrative and judicial matters.

Republic of Hungary Constitution of the Republic of Hungary
Article 68
“(1) The national and ethnic minorities living in the Republic of Hungary participate in the sovereign power of the people: they represent a constituent part of the State.
(2) The Republic of Hungary shall provide for the protection of national and ethnic minorities and ensure their collective participation in public affairs, the fostering of their cultures, the use of their native languages, education in their native languages and the use of names in their native languages.
(3) The laws of the Republic of Hungary shall ensure representation for the national and ethnic minorities living within the country.
(4) National and ethnic minorities shall have the right to form local and national bodies for self-government.
(5) A majority of two-thirds of the votes of the Members of Parliament present is required to pass the law on the rights of national and ethnic minorities.”

Austria Republic of Austria - Federal Constitutional Law.
Treaty of St Germain en Laye
Art. 63. All inhabitants of Austria shall be entitled to the free exercise, whether public or private, of any creed, religion or belief, whose practices are not inconsistent with public order or public morals.
Austria undertakes to assure full and complete protection of life and liberty to all inhabitants of Austria without distinction of birth, nationality, language, race or religion.
Art. 67. Austrian nationals who belong to racial, religious or linguistic minorities shall enjoy the same treatment and security in law and in fact as the other Austrian nationals. In particular they shall have an equal right to establish, manage and control at their own expense charitable, religious and social institutions, schools and other educational establishments, with the right to use their own language and to exercise their religion freely therein.
Constitution
Art. 8. German is the official language of the Republic without prejudice to the rights provided by Federal law for linguistic minorities.
(2) The Republic (the Federation, Laender and municipalities) is committed to its linguistic and cultural diversity which has evolved in the course of time and finds its expression in the autochthonous ethnic groups. The language and culture, continued existence and protection of these ethnic groups shall be respected, safeguarded and promoted.
Art. 19. (1) The highest executive authorities are the Federal President, the Federal Ministers and the State Secretaries, and the members of the Land Governments.
2) The admissibility of activities in the private sector of the economy by the authorities specified in para. 1 above and other public functionaries can be restricted by Federal law.

Poland Constitution of the Republic of Poland
Article 27
Polish shall be the official language in the Republic of Poland. This provision shall not infringe upon national minority rights resulting from ratified international agreements.
Article 35
1. The Republic of Poland shall ensure Polish citizens belonging to national or ethnic minorities the freedom to maintain and develop their own language, to maintain customs and traditions, and to develop their own culture.
2. National and ethnic minorities shall have the right to establish educational and cultural institutions, institutions designed to protect religious identity, as well as to participate in the resolution of matters connected with their cultural identity.

Republic of Slovenia Constitution of the Republic of Slovenia
Article 5
In its own territory, the state shall protect human rights and fundamental freedoms. It shall protect and guarantee the rights of the autochthonous Italian and Hungarian national communities. It shall maintain concern for autochthonous Slovene national minorities in neighbouring countries and for Slovene emigrants and workers abroad and shall foster their contacts with the homeland. It shall provide for the preservation of the natural wealth and cultural heritage and create opportunities for the harmonious development of society and culture in Slovenia.
Slovenes not holding Slovene citizenship may enjoy special rights and privileges in Slovenia. The nature and extent of such rights and privileges shall be regulated by law.
Article 61
Everyone has the right to freely express affiliation with his nation or national community, to foster and give expression to his culture and to use his language and script.
Article 62
Everyone has the right to use his language and script in a manner provided by law in the exercise of his rights and duties and in procedures before state and other bodies performing a public function.
Article 64
The autochthonous Italian and Hungarian national communities and their members shall be guaranteed the right to use their national symbols freely and, in order to preserve their national identity, the right to establish organisations and develop economic, cultural, scientific and research activities, as well as activities in the field of public media and publishing. In accordance with laws, these two national communities and their members have the right to education and schooling in their own languages, as well as the right to establish and develop such education and schooling. The geographic areas in which bilingual schools are compulsory shall be established by law. These national communities and their members shall be guaranteed the right to foster relations with their nations of origin and their respective countries. The state shall provide material and moral support for the exercise of these rights. (...)
Article 65
The status and special rights of the Romany community living in Slovenia shall be regulated by law.

Slovak Republic Constitution of the Slovak Republic
Article 6
(1) The Slovak language is the official language of the Slovak Republic.
(2) The use of languages other than the official language in official communications shall be laid down by a law.
Article 12
(..) (3) Everyone has the right to decide freely which national group he or she is a member of. Any influence and all manners of pressure that may affect or lead to a denial of a person’s original nationality shall be prohibited.(...)
Article 33
Membership in any national minority or ethnic group may not be used to the detriment of any individual.
Article 34
(1) Citizens belonging to national minorities or ethnic groups in the Slovak Republic shall be guaranteed their universal development, particularly the rights to
promote their culture together with other members of the minority or group, to disseminate and receive information in their mother tongues, to associate in national
minority associations, to establish and maintain educational and cultural institutions. A law shall lay down details thereof.
(2) In addition to the right to learn the official language, the citizens belonging to national minorities or ethnic groups shall, under the conditions laid down by a law,
also be guaranteed:
a) the right to be educated in their language,
b) the right to use their language in official communications,
c) the right to participate in the decision making in matters affecting the national
minorities and ethnic groups.
(3) The exercise of the rights of citizens belonging to national minorities and ethnic groups guaranteed by this Constitution must not lead to threat to the sovereignty and territorial integrity of the Slovak Republic and to discrimination of other population.

Finland Constitution of Finland
Article 17
The national languages of Finland are Finnish and Swedish.
The right of everyone to use his or her own language, either Finnish or Swedish, before courts of law and other authorities, and to receive official documents in that language, shall be guaranteed by an Act. The public authorities shall provide for the cultural and societal needs of the Finnish-speaking and Swedish-speaking populations of the country on an equal basis.
The Sami, as an indigenous people, as well as the Roma and other groups, have the right to maintain and develop their own language and culture. Provisions on the right of the Sami to use the Sami language before the authorities are laid down by an Act. The rights of persons using sign language and of persons in need of interpretation or translation aid owing to disability shall be guaranteed by an Act.

Sweden Constitution of the Kingdom of Sweden
Chapter I-Article 2
(1) Public power shall be exercised with respect for the equal worth of all and for the freedom and dignity of the individual.
(2) The personal, economic and cultural welfare of the individual shall be fundamental aims of public activity. In particular, it shall be incumbent upon the public administration to secure the right to work, housing and education, and to promote social care and social security and a good living environment.
(3) The public administration shall promote the ideals of democracy as guidelines in all sectors of society. The public administration shall guarantee equal rights to men and women and protect the private and family lives of the individual.
(4) Opportunities should be promoted for ethnic, linguistic and religious minorities to preserve and develop a cultural and social life of their own.

  
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7. NGOs OPERATING IN THE FIELD

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’s activities:

  • promoting the active participation of minorities and indigenous peoples in decisions affecting their lives;
  • securing the implementation of international standards;
  • advancing conflict resolution and reconciliation initiatives;
  • advocating the need for the integration of minority rights into development policies.

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.
At European level, MRG works to secure implementation of standards of protection for the rights of minorities in the countries of South-East Asia, the defence of Roma minorities in partnership with Roma NGOs and promotion of the Council of Europe Convention for the Protection of National Minorities. It also participates in a consortium of European NGOs combating racism.
MRG has consultative status with the United Nations Economic and Social Committee.

Contact
E-mail: minority.rights@mrgmail.org
Telephone: +44 20 7422 4200 (London)

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’s main missions:

  • promoting an active policy by the European institutions in favour of regional or minority languages and the linguistic rights of the people who speak these languages;
  • helping to safeguard the languages of more than 40 million people who speak a minority language in any of the EU Member States;
  • representing regional or minority languages with the authorities of EU institutions and other international bodies;
  • coordinating the activities of specialised institutions and/or associations active in the same field, and the activities of its Member State Committees;
  • keeping communities up-to-date on European policies affecting minority languages and programmes relating to linguistic issues;
  • maintaining communication among the communities concerned and facilitating contacts and exchanges;
  • organising cultural events and conferences either in Brussels or in the Member States concerned by the regional or minority languages;
  • securing legal and political support for lesser used languages at EU and Member State level.

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)
EBLUL has observer status with the Council of Europe, UNESCO and the UN.

Contact
E-mail: infodesk.dublin@eblul.org
Telephone: + 32 2 218 25 90 (Brussels)

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.
FUEN’s aims are to:

  • preserve the identity, language, culture and vital rights of ethnic communities in Europe;
  • draw up an internationally recognised code of ethnic rights;
  • defend the interests of the ethnic communities represented by its member organisations, notably with the European Commission of Human Rights, the European Court of Human Rights and UN minority protection bodies;
  • support the interests of ethnic communities in the fields of culture and research;
  • combat separatism and violent changes of national borders;
  • support harmonious and peaceful coexistence between the majority and the minority population in countries or regions.
FUEN has consultative status with the Council of Europe and the United Nations; it is also represented in the OSCE conferences on national minorities and ethnic communities.

Contact
E-mail: info@fuen.org
Telephone: Tel: + 49 461 128 55 (Germany)

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.
Campaigns in support of refugees:
ICARE project (Internet Centre Anti-Racism Europe): combating racism on internet and promoting anti-racism.

Contact
E-mail: info@unitedagainstracism.org
Telephone: + 31 20 6834778 (Amsterdam)

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.
European Peer Training Organisation (EPTO) is the CEJI's Youth section.

Contact
E-mail: ceji@ceji.org
Telephone: + 32 (0)2 344 34 44

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.
ERRC’s areas of action:

  • monitoring the fundamental rights situation of Roma in Europe;
  • publishing information on Romani victims of human rights violations and on Romani organisations and movements (press releases, reports on Roma in different countries, comparative studies, etc.);
  • providing legal services and advocacy for Romani victims of human rights violations, including litigation;
  • developing legal strategies, based on analysis of existing legislation, for integrating Roma through legal means and building a network of lawyers working on behalf of Roma;
  • organising seminars aimed at disseminating information on the rights of Roma and the promotion of legal reforms;
  • defending Romani rights in national and international governmental and non-governmental frameworks;
  • managing a documentation centre of Roma-related legal material;
  • awarding scholarships and stipends to Romani law students.

On the ERRC Internet site: links to organisations, associations and pages devoted to Roma, Gypsies, and nomads in Europe

Contact
E-mail: DimitrinaPetrova@compuserve.com
Telephone: + 36 1 4132200 (Budapest)

 
  
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8. EUROPEAN PARLIAMENT'S POSITION

 

Annual Resolutions on the Situation of Fundamental Rights in the European Union
The European Parliament’s positions expressed in the resolutions adopted on presentation of the annual report on the situation of fundamental rights in the European Union (5th legislature)

Resolution A5-0050/2000, of 16 March 2000 Report HAARDER (1998-1999)

(The European Parliament)

  • reaffirms in general terms the duty of Member States and of the EU to promote the economic, social and cultural development of national minorities;
  • observes that, for people belonging to the new minorities in the Union, who, on account of immigration, now constitute a substantial population group within European societies, it is not possible to practice their religion in all Member States, and calls on Member States to guarantee the same social and institutional recognition of all these new religious communities within the Union.
Resolution A5-0223/2001, of 5 July 2001 Report CORNILLET (2000)

(The European Parliament)

  • recommends to the Member States that they honour their special duty to the various national minorities among the EU population and give due weight to their economic, social, political and cultural rights, in accordance with these conventions;
  • recommends to the Member States that they significantly improve the situation of the Roma/Sinti, in particular by:
    • combating all forms of discrimination against this minority, especially in the field of employment and housing,
    • introducing educational facilities geared to the needs of Roma/Sinti children ,
    • increasing the number of parking sites available and introducing a European identity card for itinerants.
Resolution A5-0451/2002, of 15 January 2003 Report SWIEBEL (2001)

(The European Parliament)

  • expresses concern at discrimination against the Roma, especially in housing policy (particularly in Greece and Italy), and urges the authorities concerned to guarantee equal access to education and other public services, to promote integration and to prevent police violence and intimidation;
  • calls on the Member States to recognise the national minorities living in their territory and to guarantee their rights as enshrined in [international] conventions; urges the Member States to interpret the concept of "national minority" broadly and to extend it to all ethnic minorities whose emancipation and social integration is a policy objective;
Resolution A5-0281/2003, of 4 September 2003
Report SYLLA (2002)

(The European Parliament)

  • urges the Member States to relax their naturalisation procedures with a view to ensuring that residents of foreign origin can obtain full citizenship if they so wish;
  • deplores the continuation in 2002 of racist acts targeting Roma people and foreign workers;- welcomes the Finnish proposal to set up a permanent European Roma forum and the efforts made by the Greek authorities to introduce a Roma integration programme;
  • calls on the European institutions to adopt an integrated common approach to solving the problems experienced by the Roma minority, which regrettably continues to suffer from many forms of discrimination;
  • calls on the Member States that have ratified the Convention for the Protection of National Minorities to persevere with their efforts not only to enable minorities to preserve and develop their identities but also to promote their emancipation and social integration;
  • calls on the Council of Europe to adopt a protocol to the Charter for Regional or Minority Languages regarding action to promote sign language aimed at reducing discrimination against deaf people (of which there are 1.6 million in the EU) as regards sign language teaching and access to the labour market;
  • calls on the Commission and Member States to remove the remaining barriers to the free movement of persons, particularly as regards freedom of establishment; deplores the inadmissible barriers to freedom of movement and of residence for the Roma in some EU Member States, which make them second-class citizens.
Report BOUMEDIENE THIERY (2003) 

Other resolutions

Resolution of 29 February 1996, on cults in Europe. (B4-0259, 0264, 0266, 0271, 0274/96)
The European Parliament reaffirms the necessity of guaranteeing the right to freedom of thought, conscience and religion, and to freedom of association, subject to the limits imposed by the need to respect the freedom and privacy of the individual and to provide protection from practices such as torture, inhuman and degrading treatment and slavery. It calls on the Council to study the adoption of measures under Title VI of the Treaty on European Union (police cooperation) to combat the illegal activities of cults in the European Union.

Resolution of 14 December 2000, on the proposal for a Council decision 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. (COM(2000) 323 - C5-0462/2000 - 2000/0128(CNS)) (A5-0390/2000)
Regarding the 2001-2005 "e-Content" programme (promoting the development of European digital content on global networks), the European Parliament highlights the importance of dismantling barriers to the full development of the European content industries and markets, such as the cost of Internet access, the cost of translation and those resulting from cultural and linguistic diversity in Europe.

Resolution of 3 October 2001, on the World Conference against Racism in Durban. (B5-0605, 0606, 0607, 0609 and 0610/2001)
The European Parliament welcomes the fact that the Conference managed to reach agreement on a final declaration and congratulates the European Union Council President for steering the conference to a compromise on the final declaration. It urges the European Union to continue to develop its international capacity for international action. The European Parliament takes note that the European Union agreed to wordings in the final declaration on slavery, the slave trade and colonialism that went further than initially foreseen in the EU common position. It welcomes the recognition of the evil of slavery and slave-trade practices, which would, if committed today, be considered crimes against humanity. It especially welcomes the fact that discrimination against Roma and Sinti people has been recognised for the first time at international level, but regrets that the final declaration failed to mention the discrimination against the Dahlit people.

Resolution of 13 December 2001, on regional and lesser-used European languages. (B5-0770, 0811, 0812, 0814 et 0815/2001)
The European Parliament affirms that it is for the Member States and the Commission to take measures enabling all citizens to learn languages for communication, as a pledge of progress towards mutual understanding and tolerance, and for personal mobility and access to information in a multilingual and multicultural Europe. It calls on the Commission to prolong the effort made during the European Year of Languages (2001) by presenting, before the end of 2003, a multiannual programme on languages that provides funding for regional or lesser used languages.
It also urges the Council and Commission to require that the applicant countries respect regional and minority languages and cultures, that they abide in full by Article 22 of the Charter of Fundamental Rights and that they comply with points 1.1 and 1.2 of the annual reports on progress towards accession.
It asks the Council to place implementation of Article 22 of the Charter of Fundamental Rights on the agenda of the next Intergovernmental Conference.

Resolution of 4 September 2003, with recommendations to the Commission on European regional and lesser-used languages - the languages of minorities in the EU - in the context of enlargement and cultural diversity. (2003/2057(INI), A5-271/2003)
The European Parliament calls on the Commission, on the basis of Articles 149, 150, 151 and 308 of the EC Treaty, to submit to it by 31 March 2004 legislative proposals on language diversity and language learning – to include European regional and lesser-used languages – in accordance with the recommendations annexed.

Resolution of 14 January 2004, on preserving and promoting cultural diversity: the role of the European regions and international organisations such as UNESCO and the Council of Europe. (2002/2269(INI), A5-0477/2003)
The European Parliament considers that cultural diversity implies the recognition, promotion and development of local cultures, cultural industries, public policies on culture, openness towards other cultures and the protection of indigenous and national institutions and achievements, including the rich variety of languages, indigenous knowledge, traditions, lifestyles, artistic and cultural forms of expression, media pluralism and the diversity of educational systems.
Noting that the principle of cultural diversity is still not recognised as a fundamental right under international law, it urges the Commission to integrate fully the concept of European cultural diversity in its communication strategy, to provide information about the World Day for Cultural Diversity, 21 May, and to present proposals as to how to participate in this event.
It calls upon the Intergovernmental Conference to consolidate the various references to cultural diversity and pluralism in the Draft Constitution by adopting the draft provisions as proposed by the Convention, in particular the unanimity rule in the Council laid down in Article III-217 (4), when negotiating and concluding agreements in the field of external trade in cultural and audiovisual services.
The European Parliament reaffirms its vigilance concerning the treatment of minority populations and minority languages, including indigenous languages, in the context of the enlarged Europe. It reiterates the need for multilateral institutions, including regional ones, to protect and guarantee the rights and freedoms of all peoples, particularly in the context of a multipolar world made up of regional units.
It also welcomes the Commission's position in favour of jointly addressing relevant issues regarding an international convention on cultural diversity as a significant development of affirmative action by the Member States and their regions, and in addition by the Community as laid down in Article 151 (3) of the EC Treaty. It considers that the convention's main aims ought to lie in recognising the special nature of cultural products and services, enshrining in international law the legitimate right of any State or group of States to determine their cultural policies freely, a right taking the form, in particular, of legislative, regulatory or financial measures, and strengthening international cooperation policies and solidarity in the sphere of culture.

  
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