Tove H. Malloy
My professional websiteArchive for culture
Social unity: Article 10 of the FCNM and the right to have translation in a minority language
One indicator that social unity is present in a society is the extent to which the majority population accepts that minority cultures and languages are an integral part of mainstream society and not seen as marginal. Marginalisation will only lead to the isolation of minority cultures and languages and can result in the assimilation of individuals belonging to minorities. Thus, by developing inclusive
language policies, political decision-makers can evidence concerns for the well-being of the entire population, not only the majority. The rights of minorities to use their first languages should be clearly defined and adequately protected by legislation, including regular monitoring of its implementation. By the same token, measures aimed at promoting official languages must be implemented in a way that respects the identity and the linguistic needs of minorities.
The language rights enshrined in Article 10 of the European Framework Convention for the Protection of National Minorities (FCNM) are arguably among the most difficult provisions of minority rights law to interpret and implement. While recognising that the general provision of Article 10(1) ‘that every person belonging to a national minority has the right to use freely and without interference his or her minority language, in private and in public, orally and in writing’ is universal and sounds reasonable, the implementation of the provisions regarding public administrations in Article 10(2) poses major obstacles to policy-makers and beneficiaries.
The wording of Article 10(2) of the FCNM is highly ambiguous and, according to eminent scholars of minority rights, poorly drafted, and thus one of the most controversial provisions of the FCNM. Moreover, the fact that the provisions provide a wide margin of appreciation renders them problematic. I debate this problem in a commentary to Jonathan Bernaerts’ article, ‘Translation in a minority language: a sign of genuine recognition or merely perfunctory?’ published recently in the International Journal for the Semiotics of Law (2005). The commentary is Open Access, and you can find it here
Tove H. Malloy 