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Annex II - Compilation of Texts on Linguistic Rights Applicable to Valencian Speakers

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Annex II - Compilation of Texts on Linguistic Rights Applicable to Valencian Speakers The Charter and the Valencian language: the point of view of the discriminated Valencian speakers Annex II - Compilation of texts on linguistic rights applicable to Valencian speakers II.a) Declarations and conventions at the international level II.a.1 Universal Declaration of Human Rights The Universal Declaration of Human Rights70, of 1948, states in its preamble and in its article 2: … their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women […] without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status… And in article 26, the right of every person to education, which: … Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children… II.a.2 International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights71, of 1966 and in effect since 1976, in its article 27 established: 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. 70 http://www.un.org/en/universal-declaration-human-rights/index.html [Retrieved 05/08/2018] 71 https://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx [Retrieved 05/08/2018] –91– The Charter and the Valencian language: the point of view of the discriminated Valencian speakers II.a.3 International Covenant on Economic, Social and Cultural Rights The International Covenant on Civil and Political Rights72, of 1966 and in force since 1976, after affirming in its preamble that: … the ideal of free human beings enjoying civil and political freedom and freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic, social and cultural rights… And in article 2 that: 2. Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. It devotes as a right, in its article 13: … the right of everyone to education. [The parties] agree 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. They further agree that education shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace. […] 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, which conform to such minimum educational standards as may be laid down or approved by the State and to ensure the religious and moral education of their children in conformity with their own convictions. II.a.4 Convention against discrimination in education The UNESCO Convention against Discrimination in Education 73, of 1960, states in its article 1 that: 1. Fot the purposes of this Convention, the term ‘discrimination’ includes any distinction, exclusion, limitation or preference which, being based on race, colour, sex, language, religion, political or other opinion, national or social origin, economic condition or birth, has the purpose or effect of 72 https://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx [Retrieved 05/08/2018] 73 http://unesdoc.unesco.org/images/0011/001145/114583e.pdf#page=118 [Retrieved 05/08/2018] –92– The Charter and the Valencian language: the point of view of the discriminated Valencian speakers nullifying or impairing equality of treatment in education and in particular: a. Of depriving any person or group of persons of access to education of any type or at any level; b. Of limiting any person or group of persons to education of any inferior standard; c. Subject to the provisions of Article 2 of this Convention, of establishing or mantaining separate educational systems or institutions for persons or groups of persons; or d. Of inflicting on any person or group of persons conditions which are incompatible with the dignity of man. And in its 5th article that: 1. The States Parties to this Convention agree that: a) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms; it shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace; b) It is essential to respect the liberty of parents and, where applicable, of legal guardians, firstly to choose for their children institutions other than those maintained by the public authorities but conforming to such minimum educational standards as may be laiddown or approved by the competent authorities and, secondly, to ensure in a manner consistent with the procedures followed in the State for the application of this legislation, the religious and moral education of the children in the conformity with their own convictions; and no person or group of persons should be compelled to receive reigious instruction inconsistent with his or their convictions; c) It is essential to recognize the right of members of national minorities to carry on their own educational activities, including the maintenance of schools and, depending on the educational policy of each State, the use or the teaching of their own language, provided however: i) That this right is not exercised in a manner which prevents the members of these minorities from understanding the culture and language of the community as a whole and from participating in its activities, or which perjudices national sovereignty; ii) That the standard of education is not lower than the general –93– The Charter and the Valencian language: the point of view of the discriminated Valencian speakers standard laid down or approved by the competent authorities; and iii) That the attendance at such schools is optional. 2. The States Parties to this Convention udertake to take all necessary measures to ensure the application of the principles enunciated in paragraph 1 of this Article. II.a.5 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities The Resolution 47/135 adopted by the General Assembly ot the United Nations, of 18 of December of 1992, approved the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities 74, which establishes in its article 1: 1. States shall protect the existence and the national or ethnic, cultural, religious and linguistic identity of minorities within their respective territories and shall encourage conditions for the promotion of that identity. In article 2 it is also established: 1. Persons belonging to national or ethnic, religious and linguistic minorities […] have the right to enjoy their own culture, to profess and practise their own religion, and to use their own language, in private and in public, freely and without interference or any form of discrimination. In article 4 it is stated: 1. States shall take measures where required to ensure that persons belonging to minorities may exercise fully and effectively all their human rights and fundamental freedoms without any discrimination and in full equality before the law. 2. States shall take measures to create favourable conditions to enable persons belonging to minorities to express their characteristics and to develop their culture, language, religion, traditions and customs, except where specific practices are in violation of national law and contrary to international standards. 3. States should take appropriate measures so that, wherever possible, persons belonging to minorities may have adequate opportunities to learn their mother tongue or to have instruction in their mother tongue. 74 https://www.ohchr.org/en/professionalinterest/pages/minorities.aspx [Retrieved 05/08/2018] –94– The Charter and the Valencian language: the point of view of the discriminated Valencian speakers 4. States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole. 5. States should consider appropriate measures so that persons belonging to minorities may participate fully in the economic progress and development in their country. II.a.6 Declaration of the Rights of the Child The Declaration of the Rights of the Child75, of 1959, establishes in its article 30 that: In those States in which ethnic, religious or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practice his or her own religion, or to use his or her own language.
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