Romania the Advisory Committee mentioned that there was in practice no instruction in the
Roma language in spite of the considerable size of the Roma community living in this
country. The Advisory Committee called for measures to ensure adequate opportunities to be
taught the Roma language.45
The Council of Europe and its Language Policy Division possess enormous competence on
the necessary preconditions and different modalities of successful language education
programmes, including bilingual and multilingual education.46 Many European States have
also undertaken specific obligations under the European Charter for Regional or Minority
Languages.
The scope of obligations
In its Opinions, the Advisory Committee has encouraged governments to take a “proactive
approach” even when the expressed demand appears low (Opinion on the United Kingdom).
It has also expressed satisfaction at low numerical thresholds for the creation of classes (in
e.g. Ukraine 5 pupils in rural areas and 8-10 pupils in non-rural areas; in Sweden 1 pupil for
some languages and 5 pupils for others but conditioned upon the availability of teachers,
something which was criticized by the Advisory Committee; Austria reported a minimum of 7
pupils for a class (accompanied with detailed provisions) and a maximum number of 20
pupils per class). The Advisory Committee has conversely found that a threshold of 20 pupils
for a class in a Sorbian-language school “is very high from the point of Article 14 of the
Framework Convention”.47
States should not introduce further qualifications to the rights enshrined in Article 14, than
those contained in the Framework Convention. In its Opinion on Norway the Advisory
Committee found:
‘The existing regulations envisage bilingual basic education, as a maximum, for minorities other than
Sami and Kven-Finnish (in the designated regions) only until they have acquired a sufficiently good
knowledge of Norwegian to be able to follow the ordinary teaching programme. Bearing in mind that the
guarantees of Article 14 are not conditioned upon lack of knowledge of the state language, the Advisory
Committee considers that the authorities should examine to what extent there is demand amongst the
national minorities, and in the regions not covered by the said guarantees, to receive instruction in or of
their language and, depending on the results, improve the current legal and practical situation if
necessary.’48
When developing and implementing the concrete modalities for language education, State
Parties must reflect and decide upon:
the scope and volume of the teaching of or in minority languages (including on
the levels of education and numbers of hours; public school system or informal/private
teaching);
the optional or compulsory nature of teaching;
45
Advisory Committee Opinion on Romania ACFC/INF/OP/I(2001)1.
See for instance the report written by Pádraig Ó Riagáin and Georges Lüdi, “Bilingual Education: Some
Policy Issues”, Language Policy Division, DG IV, Directorate of School, Out-of-School and Higher Education,
Council of Europe, 2003. It includes as an appendix a useful Checklist for decision makers in the context of
policies for bilingual education.
47
Advisory Committee Opinions on Austria ACFC/INF/OP/I(2002)009, Ukraine ACFC/INF/OP/I(2002)010, the
United Kingdom ACFC/INF/OP/I(2002)6, and Germany ACFC/INF/OP/I(2002)008, paragraphs 59-60.
48
Advisory Committee Opinion on Norway ACFC/INF/OP/I(2003)003, paragraph 59.
46
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