ACFC/44DOC(2012)001 rev
87.
Excessive requirements of proficiency in the official language(s) in order to access
certain positions or obtain specific goods and services may, however, unduly restrict access to
employment and social protection of persons belonging to national minorities.111 States
Parties should therefore take effective measures to remove any disproportionate restrictions in
access to the labour market. Regarding positions where proficiency in the official language is
a legitimate condition, language proficiency requirements must in each case be proportionate
to the public interest pursued and not go beyond what is necessary to achieve that aim.
Moreover, language training courses and, where necessary, targeted support should be made
available before language requirements are enforced, in order to facilitate the learning of the
official language and prevent discrimination or insufficient participation of staff or applicants
belonging to national minorities.112
88.
Access to social benefits and to certain public services and utilities must not be
hampered by undue language or residency requirements.113 Information and advice on public
services and welfare institutions should be made easily accessible and available, where
appropriate, in the languages of national minorities.114 Medical and administrative staff
employed in health services and care of the elderly in areas inhabited in substantial numbers
by persons belonging to national minorities should be able to provide services in minority
languages, and should also receive training on the cultural and linguistic background of
national minorities, so that they can adequately respond to their specific needs. The Advisory
Committee has observed in this context that local authorities should actively seek to recruit
appropriately qualified staff with the necessary linguistic competencies.115 In addition, the
employment of health mediators or assistants belonging to national minorities (or at least
interpreters speaking the minority language) can contribute to improved communication.116
89.
Moreover, States Parties should promote the recruitment, promotion and retention in
the administration and public services of persons belonging to national minorities and/or
speaking the language(s) of national minorities, both at national and local levels. It is essential
that the effective participation of persons belonging to national minorities and/or speaking
minority language(s) is ensured within the administration, including the police, and the
judicial system, in order to make effective the right to use minority languages in dealings with
authorities. Furthermore, the adequate presence of minority languages in public and official
life helps to ensure that the minority language develops or maintains sufficient prestige to
present an attractive learning goal for young people belonging to national minorities as well
as the majority. To this end, proficiency in the minority language should always be considered
an asset and, in areas of traditional settlement, even a requirement in recruitment proceedings
for the civil service.
2.
LANGUAGE RIGHTS AND EFFECTIVE PARTICIPATION IN PUBLIC AFFAIRS
90.
The Advisory Committee recognises that a federal structure, decentralisation and
various systems of autonomy can be beneficial to persons belonging to minorities.117 Cultural
autonomy arrangements, for instance, may aim to delegate to national minority organisations
important competences in the area of minority culture, language or education. Where such
arrangements exist, constitutional and legislative provisions must clearly specify the nature
and scope of the autonomy system. The relations between relevant state institutions, as well as
their system of funding, should be clarified by law.118 Division of responsibilities among
111
See, for instance, First Opinion on Azerbaijan.
See ACFC Second Thematic Commentary on Effective Participation.
113
Ibid.
114
Ibid. Third Opinion on Denmark.
115
Third Opinion on Estonia; Third Opinion on Sweden.
116
See ACFC Second Thematic Commentary on Effective Participation.
117
See also the OSCE HCNM Lund Recommendations, 1999.
118
See ACFC Second Thematic Commentary on Effective Participation.
112
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