their discussions with the representatives of the Czech and Slovak minorities to identify funding solutions
that will help to secure the school's long-term future. Because of the school's historical significance and its
role in conveying these languages and cultures, the Czech and Slovak minorities regard its preservation
and development as a priority.’41
In the case of Switzerland, the Advisory Committee recommended a review of the impact of
restrictions on the establishment of private schools in minority languages in certain cantons on
the basis of the principle of territoriality, e.g. in Bern. The Advisory Committee considered
that:
‘… such limitations are problematic from the point of view of Article 13 of the Framework Convention
insofar as they seem to prevent the establishment of private schools providing instruction in a minority
language outside its area of traditional establishment. While noting that the Federal authorities have
indicated to it that they had no knowledge of cases where the setting up of private schools of a minority
language has been refused, the Advisory Committee urges the competent authorities to ensure that the
legal provisions of the cantons concerned do not constitute a barrier to satisfying any needs in this respect,
in particular for Italian-speakers living in large cities such as Bern.’42
State Parties must ensure that the implementation of the principle of territoriality does not
violate the principle of non-discrimination between minority groups or different sub-groups
within minority groups.
Issues of quality and supervision of private minority education have not been raised in any
opinions of the Advisory Committee.
2.3
Article 14 of the Framework Convention
’14 (1) The Parties undertake to recognise that every person belonging to a national minority has the right
to learn his or her minority language.
14 (2) In areas inhabited by persons belonging to national minorities traditionally or in substantial
numbers, if there is sufficient demand, the Parties shall endeavour to ensure, as far as possible and within
the framework of their education systems, that persons belonging to those minorities have adequate
opportunities for being taught the minority language or for receiving instruction in this language.
14 (3) Paragraph 2 of this article shall be implemented without prejudice to the learning of the official
language or the teaching in this language.’
2.3.1 Explanatory report
‘Paragraph 1
74.
The obligation to recognise the right of every person belonging to a national minority to learn his
or her minority language concerns one of the principal means by which such individuals can assert and
preserve their identity. There can be no exceptions to this. Without prejudice to the principles mentioned
in paragraph 2, this paragraph does not imply positive action, notably of a financial nature, on the part of
the State.
Paragraph 2
75.
This provision concerns teaching of and instruction in a minority language. In recognition of the
possible financial, administrative and technical difficulties associated with instruction of or in minority
languages, this provision has been worded very flexibly, leaving Parties a wide measure of discretion. The
obligation to endeavour to ensure instruction of or in minority languages is subject to several conditions;
in particular, there must be "sufficient demand" from persons belonging to the relevant national
41
42
Advisory Committee Opinion on Austria ACFC/INF/OP/I(2002)009, paragraph 59.
Advisory Committee Opinion on Switzerland ACFC/INF/OP/I(2003)007, paragraph 66.
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