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PROMOTING AND PROTECTING MINORITY RIGHTS
the Charter, States must indicate specifically to which languages part III of the Charter will apply;
all languages which fall under the definition of a regional or minority language are covered by
part II (see below).
As defined by the Charter, “regional or minority languages” are languages traditionally used
within a given territory of a State by nationals of that State who form a group numerically smaller
than the rest of the State’s population; they are different from the official language(s) of that State,
and they include neither dialects of the official language(s) of the State nor the languages of
migrants. The expression “territory in which the regional or minority language is used” means
the geographical area in which the said language is the mode of expression of a number of
people sufficient to justify the adoption of protective and promotional measures, as provided for
in the Charter.
The expression “non-territorial languages” means languages used by nationals of the State
which differ from the language(s) used by the rest of the State’s population but which, although
traditionally used within the State’s territory, cannot be identified with a particular area thereof;
examples are Romani and Yiddish.
The demographic situation of the languages covered by the Charter differs greatly, and they
exist in a very wide range of social, political and economic contexts. Accordingly, the Charter
facilitates adapting the scope of the protection afforded to suit the particular situation of each
language, including taking into account the costs of protection.
Part II of the Charter sets out eight fundamental principles and objectives upon which States must
base their policies, legislation and practice, and which are regarded as providing the necessary
framework for the preservation of the languages concerned:
• Recognition of regional or minority languages as an expression of cultural wealth;
• Respect for the geographical area of each regional or minority language;
• The need for resolute action to promote such languages;
• Facilitation and/or encouragement of the use of such languages, in speech and writing,
in public and private life;
• Provision of appropriate forms and means for the teaching and study of such languages
at all appropriate stages;
• Promotion of relevant transnational exchanges;
• Prohibition of all forms of unjustified distinction, exclusion, restriction or preference
relating to the use of a regional or minority language and intended to discourage or
endanger its maintenance or development;
• Promotion by States of mutual understanding between all the country’s linguistic groups.
Part III (arts. 8-14) lays down detailed measures in a number of fields, offering States a choice
of 68 concrete undertakings in seven areas of public life. States undertake to apply only those
provisions of part III to which they have subscribed, so the precise obligations accepted are likely
to vary from State to State; they may also vary from language to language within a particular
State. In the United Kingdom of Great Britain and Northern Ireland, for example, different
provisions in part III apply to Welsh, Scottish-Gaelic and Irish respectively, while only part II
applies to Scots, Ulster Scots, Cornish and Manx Gaelic.
States must select at least 35 undertakings in respect of each language that they have designated
as falling within the scope of part III of the Charter. Many of the Charter’s provisions consist of
several options, of varying degrees of rigour, one of which has to be chosen “according to the
situation of each language”. States are encouraged to add to or upgrade their commitments under