Linguistic rights in Europe are stated in constitutions which differ by country. These constitutions usually state the national language or official language, and may or may not explicitly allow for other languages in the country. Most of the linguistic rights stated here are negative rights, which grant freedom of usage of own language and prevents discrimination based on language. Some countries do offer positive rights: for example provision of language education from State funds in Austria, Cyprus, Finland, Hungary, Moldova, Portugal, Romania, Turkey, and Ukraine.
Linguistic rights in constitutions (Europe)
Albania Constitution as adopted on 4 August 1998. Linguistic Rights - National Constitutions, "UNESCO MOST", accessed October 7, 2010
Article 14 (1) The official language in the Republic of Albania is Albanian.
Article 18 (2) No one may be unjustly discriminated against for reasons such as gender, race, religion, ethnicity, language, political, religious or philosophical beliefs, economic condition, education, social status, or ancestry.
Article 20 (1) Persons who belong to national minorities have the right to exercise in full equality before the law the human rights and freedoms. (2) They have the right freely to express, preserve and develop their ethnic, cultural, religious and linguistic identity, to study and to be taught in their mother tongue, as well as unite in organizations and societies for the protection of their interests and identity.
Article 28 (1) Everyone whose liberty has been taken away has the right to be notified immediately, in a language that he understands, of the reasons for this measure, as well as the accusation made against him. Every person whose liberty has been taken away shall be informed that he has no obligation to make a declaration and has the right to communicate immediately with a lawyer, and he shall also be given the possibility to realize his rights.
Article 31 During a criminal proceeding, everyone has the right: c) to have the assistance without payment of a translator, when he does not speak or understand the Albanian language;
Andorra Constitution of Andorra as adopted on 28 April 1993.
Article 2 1. Catalan is the official language of the State.
Armenia Constitution as adopted on 5 July 1995.
Article 12 The state language of the Republic of Armenia is Armenian.
Article 15 Citizens, regardless of national origin, race, sex, language, creed, political or other persuasion, social origin, wealth or other status, are entitled to all the rights and freedoms, and subject to the duties determined by the Constitution and the laws.
Article 37 Citizens belonging to national minorities are entitled to the preservation of their traditions and the development of their language and culture.
Austria Constitution as adopted in 1929.
Article 8 Without prejudice to the rights provided by federal law for linguistic minorities, German is the official language of the Republic.
Article 14 (6) Public schools are those schools which are established and maintained by authorities so required by law. The Federation is the authority so required by law in so far as legislation and execution in matters of the establishment, maintenance, and dissolution of public schools are the business of the Federation. The State or, according to the statutory provisions, the County, or a County Association is the authority so required by law in so far as legislation or implementing legislation and execution in matters of establishment, maintenance and dissolution of public schools are the business of the State. Admission to public school is open to all without distinction of birth, sex race, status, class, language and religion, and in other respects within the limits of the statutory requirements. The same applies analogously to kindergartens, centers, and student hostels.
Austrian State Treaty, signed in 1955 and included in the Constitution
Article 7 (1) Austrian nationals of the Slovenian and Croatian minorities in Carinthia, Burgenland and Styria shall enjoy the same rights on equal terms as all other Austrian nationals, including the right to their own organisations, meetings and press in their own language. (2) They are entitled to elementary instruction in the Slovenian or Croatian languages and to a proportional number of their own secondary schools; in this connection school curricula shall be reviewed and a section of the Inspectorate of Education shall be established for Slovenian and Croatian schools. (3) In the administrative and judicial districts of Carinthia, Burgenland and Styria, where there are Slovenian, Croatian or mixed populations, the Slovenian or Croatian language shall be accepted as an official language in addition to German. In such districts topographical terminology and inscriptions shall be in the Slovenian or Croatian language as well as in German. (4) Austrian nationals of the Slovenian and Croatian minorities in Carinthia, Burgenland and Styria shall participate in the cultural, administrative and judicial systems in these territories on equal terms with other Austrian nationals. (5) The activity of organisations whose aim is to deprive the Croatian or Slovenian population of their minority character or rights shall be prohibited.
Azerbaijan Constitution as of 12 November 1995.
Article 21 The Azerbaijan language shall be the State language of the Azerbaijan Republic. The Azerbaijan Republic shall ensure the development of the Azerbaijan language. The Azerbaijan Republic shall guarantee the free use and development of other languages spoken by the population.
Article 25 Every person shall be equal to the law and court. Men and women shall have equal rights and freedoms. Every person shall have equal rights and freedoms irrespective of race, nationality, religion, sex, origin, property status, social position, convictions, political party, trade union organization and social unity affiliation. Limitations or recognition of rights and freedoms because of race, nationality, social status, language origin, convictions and religion shall be prohibited.
Article 45 Every person shall have the right to use their mother tongue. Everyone shall have the right to be raised and get an education, be engaged in creative activities in the mother tongue. No one can be deprived of the right to use their mother tongue.
Belarus Constitution as adopted on 15 March 1994.
Article 17 1. The official language of the Republic of Belarus shall be Belarusian. 2. The Republic of Belarus shall safeguard the right to use the Russian language freely as a language of inter-ethnic communication.
Article 50 3. Everyone shall have the right to use his native language and to choose the language of communication. In accordance with law, the state shall guarantee the freedom to choose the language of education and teaching.
Belgium Constitution of 7 February 1831, revised to 17 February 1994.
Article 2 Belgium is made up of three Communities: the French Community, the Flemish Community, and the German-speaking Community.
Article 4 (1) Belgium has four linguistic regions: the French-speaking Region, the Dutch-speaking Region, the bilingual Region of Brussels-Capital, and the German-speaking Region. (2) Each commune of the Kingdom is part of one of these linguistic regions. (3) The limits of the four linguistic regions can only be changed or modified by a law adopted by majority vote in each linguistic group in each House, on the condition that the majority of the members of each group are gathered together and from the moment that the total of affirmative votes given by the two linguistic groups is equal to at least two thirds of the votes expressed.
Article 43 (1) For cases determined by the Constitution, the elected members of each House are divided into a French linguistic group and a Dutch linguistic group, in the manner determined by law. (2) The senators referred to in Article 67 (1)(2,4,7) make up the French linguistic group of the Senate. The senators referred to in Article 67 (1)(1,3,6), make up the Dutch linguistic group of the Senate.
Article 54 (1) With the exception of budgets and laws requiring a special majority, a justified motion, signed by at least three-quarters of the members of one of the linguistic groups and introduced following the introduction of the report and prior to the final vote in a public session, can declare that the provisions of a draft bill or of a motion are of a nature to gravely damage relations between the Communities. (3) This procedure can only be applied once by the members of a linguistic group with regard to the same bill or motion.
Article 129 (1) The French and Dutch Community Councils rule by decree, in as much as each is concerned, excluding the federal legislator, on the use of language for: 1) administrative matters; 2) education in those establishments created, subsidized, and recognized by public authorities; 3) social relations between employers and their personnel, in addition to corporate acts and documents required by law and by regulations. (2) These decrees have force of law in French-language and in Dutch-language regions respectively except as concerns: - those communes or groups of communes contiguous to another linguistic Region and in which the law prescribes or allows use of another language than that of the Region in which they are located. For these communes, a modification of the rules governing the use of languages as described in (1) may take place only through a law adopted by majority vote as described in Article 4, last paragraph; - services the activities of which extend beyond the linguistic Region within which they are established; - federal and international institutions designated by law, the activities of which are common to more than one Community.
Article 136 (1) There are linguistic groups within the Brussels-Capital Regional Council, and among the governing bodies, qualified with respect to Community issues; their composition, functioning, and responsibilities and, without prejudice to Article 175, their financing, are regulated by a law adopted by majority vote as described in Article 4, last paragraph.
Article 138 (1) The French Community Council, on one hand, and the Walloon Regional Council and the French linguistic group of the Brussels-Capital Regional Council, on the other hand, may decide of common accord and each by decree, that the Walloon Regional Council and Government in the French-language Region, and the Brussels-Capital Regional Council and its governing bodies in the bilingual Region of Brussels-Capital may exercise, in full or in part, the responsibilities of the French Community. (2) These decrees are adopted by a two-thirds majority vote within the French Community Council, and by absolute majority within the Walloon Regional Council and by the French linguistic group within the Brussels-Capital Regional Council, provided that a majority of the Council members or of the members of the linguistic group concerned are present. They may settle the financing of the responsibilities which they designate, in addition to transfers of personnel, of assets, of rights and of obligations which may concern them.
Article 139 (1) Upon request by their respective Governments, the German-speaking Community Council and the Walloon Regional Council may, by decree, decide of common accord that Walloon Regional responsibilities may be exercised in whole or in part by the German-speaking Community Council and Government in the German-language Region.
Bosnia and Herzegovina Constitution as adopted on 1 December 1995.
Article I (7) There shall be a citizenship of Bosnia and Herzegovina, to be regulated by the Parliamentary Assembly, and a citizenship of each Entity, to be regulated by each Entity, provided that: