Tóth Károly (szerk.): Nyelvi jogok. A kisebbségi és nyelvi jogok helyzete Szlovákiában. I. Jogsegélyszolgálat 2009-2011 - Nyelvi jogok 1. (Somorja, 2013)
Kisebbségi nyelvhasználati törvény
Thomas Hammarberg ET-főbiztos levele endeavour to enable such communication as far as reasonably possible when there is a real need. Many states have chosen to regard the numerical size of a minority in a given area as the relevant factor for granting certain language rights and have established minimum thresholds for this purpose. These should however not be too high; the Advisory Committee has deemed a minimum level of 50 per cent to be unreasonable. In recruitment policies public administrations should not demand proficiency in the state language beyond what is necessary for the post in question. Access to employment for persons belonging to national minorities must not be unduly limited. In parallel, a constructive approach is recommended, for instance, through offering applicants from national minorities an opportunity to be trained in the state language. At the same time, recruitment of civil servants with knowledge of the relevant minority languages will also enable administrations to better serve the whole population. Such positive measures are especially important when the government decides to take steps to protect and promote the official language. Sanctions to enforce the law on the state language should be avoided. The focus should rather be on the need to harmonise such legislation with the law protecting minority languages - to avoid contradictions and to guarantee that the language rights of all citizens are respected. Media The possibility to establish minority language media is another area of interest for persons belonging to national minorities. The media should ideally reflect the plurality and diversity of the population. State regulation of the broadcast media should be based on objective and non-discriminatory criteria and should not be used to restrict enjoyment of minority rights. Persons belonging to national minorities should have access to national, regional and local broadcast time in their own language on publicly funded media. Quotas for broadcasting time in the official language(s) should not prevent public or private broadcasting in minority languages. The Advisory Committee has found a number of negative examples of this type of quota, for instance in Azerbaijan. A positive example was the decision in Turkey to open a 24 hour television channel in Kurdish which was seen as a signal of a changed attitude towards a minority whose rights have been repressed for years. I have been informed that there are similar plans for the Armenian language. The basic lesson we ought to have learned on all these issues is that the human rights concerns could only be effectively addressed through a serious assessment of the genuine needs of the minorities. Too often authorities have not listened carefully to them when policies have been developed. It is crucial that governments maintain close communication with persons belonging to national minorities and seek a thorough and continuing consultation - a constructive dialogue. Thomas Hammarberg 472
