Language is a critical factor to enhance the legitimacy of courts and national human
rights institutions in the eyes of national minorities. Other concerns, however, should
be addressed too. The Ljubljana Guidelines note that “[s]ymbols, such as flags,
signs, statues, monuments, place and street names, commemorative occasions
or holidays, historical sites and burial sites, can have profound meanings related to
identity. Symbols can have a powerful impact on social relations, and can be used to
promote inclusion and cohesion as well as separation and division.”27 Care should
be taken to ensure that the facilities used and the symbols displayed in courts,
tribunals, prosecution offices and national human rights bodies are appropriate for
the administration of justice and do not unnecessarily foster a feeling of exclusion
on the part of national minorities or cause offence and provoke tensions with them.
Lastly, persons belonging to minority communities who testify in court should be
allowed to choose a form of oath that they consider appropriate for their religious
and cultural identity.
4.
States should make legal assistance available to national minorities in
a way that addresses the obstacles they face in accessing justice.
Persons belonging to national minorities, who may be socio-economically
marginalized or have a limited knowledge of official languages, require assistance
because they may not know or understand their rights, the law, legal procedure or
the language of the court. Persons belonging to national minorities, and minority
women in particular, may not have sufficient financial means to afford court fees
or legal representation. They may live far from judicial institutions, making it more
difficult for them to pursue cases. Without assistance, minority communities may
perceive the judiciary as out of reach, alien or even biased against them. Such a
perception can make them feel at a disadvantage as a community, contributing to
negative views of the State and its institutions and potentially increasing tensions
with the majority.
27
20
HCNM (2012) Ljubljana Guidelines, explanatory note to Recommendation 50.
The Graz Recommendations on Access to Justice and National Minorities