За языки РФ

Специальный докладчик ООН по делам меньшинств Фердинанд де Вареннес отчитался об итогах своего официального визита в Испанию, где он провел обследование по целому спектру вопросов его проблематики.

Вот выдержка из его выступления о языковых проблемах в стране:

One concern encountered on a number of occasions in meetings with civil society organisations and others from the Baleares, Basque Country, Catalonia, Galicia and Valencia was the feeling, particularly in the areas of education, law-enforcement, and the judiciary in some communities, that there was a disconnect between the claimed status of co-official languages and the extent of their actual use and of implementation of legislation. For example, it was pointed out that judges and law-enforcement officials such as the national police are not subjected to any requirement of knowledge of a co-official language even when based in an Autonomous community. It has been suggested that this leads to a significant number of grievances and frustration in some Autonomous communities, and to unfortunate misunderstandings and even denial or discrimination in access to public services. As recommended by other international organisations, including the Committee of Ministers of the Council of Europe, provisions such as Article 231 of the Organic Law of Judicial Power is a prominent obstacle to Spain’s full implementation of its international obligations in relation to the use co-official minority languages since it stipulates that in judicial procedures, judges, magistrates, prosecutors, clerks and other officers will use the Castilian language, and that co-official minority languages will only be allowed if no parties objects. This in practice has led in many if not most cases to criminal, civil and administrative judicial authorities not allowing proceedings in Autonomous communities in the co-official minority language, even if requested by one party. This blanket obstacle to the use of a minority co-official language give rise to concerns as to compliance with international human rights obligations which will be outlined in the final report.

As for education, the absence of empirical data on the impact of different educational models using immersion, bilingual or multilingual teaching methods since 2010 throughout Spain is unfortunate and unhelpful, feeding feelings that state authorities may not be fully fulfilling their obligations as to the rights of minorities in the area of the use of language in education, as well as concerns from parents of non-minority pupils that they may be subjected to educational regimes that are harmful to their children’s academic achievements.

Linguistic minorities have a right to the use of their language in their interactions with state authorities and institutions where it is reasonable and justified, to an appropriate degree in proportion to their population. Spain made significant strides which fulfilled most of these obligations during the transition to democracy and set up Autonomous communities and to a large degree was able to put in place in practical and realistic form these obligations flowing from human rights obligations as explained in the 2017 Practical Guide on the Linguistic Rights of Linguistic Minorities. The full report will however consider more closely a number of areas where there may be gaps in the effective implementation of these rights, particularly in education, law-enforcement, and the judiciary, as well as the rights of persons whose minority languages are outside of these communities, and in particular those without any official status, that may be particularly difficult to assert such as in Asturias and Navarre.

https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24112&LangID=E&fbclid=IwAR292c4ZdIaLMmd97U6kVqpK2R0KADcXF_Cpy0_kltKa76thYIMyGYKpBiE

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