At this year’s Language and Culture Day, I attended a workshop with the OU’s Sabrina Wagner about Swiss German where I learned about the Romansh language. A few months later, while taking notes on The Scottish Language Law which makes Scots and Gaelic legally recognised languages, I started to wonder if Switzerland had a similar policy on Romansh. I asked my mentor Dr Sylvia Warnecke who had done essential work for the development of the Scottish Language Law if she knew what Switzerland was doing for the Romansh. Not knowing a straight answer, she pointed me to a piece of legislation called The European Charter for Minority Languages, my findings from reading which I publish in this essay.
The European Charter for Minority Languages was created in Strasbourg in 1992 with the aim of protecting the languages spoken by native cultural minorities in Europe. One such language is Romansh which is spoken in the mountainous region of Switzerland. However, the charter is not one size fits all and Switzerland was allowed to pick the paragraphs of the articles most relevant to Romonsh to adopt as law.
Firstly, under article 8 of the Charter, it is stated that Romansh is am option at every stage of education. Right from pre-school age, a child who speaks Romanh is offered Romansh language education as an alternative to the traditional French or German education options. While the same provisions are in place for primary school education, Romansh is only offered as an additional language in secondary schools, students can study it as a subject in higher education such as at university.
Article 9 of the charter provides guidance on how Romansh should be handled in the Swiss judicial system. Firstly, if a defendant in a criminal case uses Romansh as a mother tongue, he or she is entitled to use Romansh and to access to an interpreter if needed. Also evidence and requests can not be considered inadmissible solely on the grounds that the evidence or request is in Romansh. Furthermore, civil cases also allow people to use romansh and interpreters if needed just like in criminal cases. In the second paragraph it says that the validity of legal documents can not be denied solely based on the fact that the document is wirtten in Romansh. Lastly, paragraph 3 of the article states that Romansh versions of important national and statutory texts should be made available.
Article 10 of the charter deals with the administrative authorities and the use of public services regarding Romansh. The first paragraph states that public authorities in areas that have a sufficient number of Romansh speakers should use the language as a primary form of communication with the public. In such areas bilingual versions of administrative forms should be made available to the public and the authorities may draft documents in romansh. The second paragraph of this article permits the use of Romansh in the Romansh-speaking region and it also allows residents of the region to submit applications in the language. The publication of official documents by authorities in such regions is allowed to be in Romansh as well as the meetings and debates of such authorities. However, the use of Romansh in such debates and meetings comes with the condition that the state languages of French and German are not excluded. Lastly the paragraph says that place names in the Romansh-speaking area may be used in their traditional Romansh form. Paragraph 3 of the article says that users of a service may submit a request in Romansh and expect to be answered in Romansh. The provisions in the first three paragraphs are consolidated in paragraph 4 which says that Switzerland may finance translators and interpreters in order to facilitate the measures detailed in the previous paragraphs. Lastly, paragraph 5 states that Romansh family names may be adopted if a person requests.
Article 11 of the charter defines the role of Romansh in the media. Paragraph 1 makes it clear that the media must make sufficient provisions to ensure that broadcasters offer programs in Romansh and at least one Romansh language television channel and one Romansh language radio channel must be created. These Romansh language programs should be broadcast regularly. Paragraph 3 of this article states that Romansh speakers must be represented in the media and considered in laws concerning the diversity of the media.
Article 12 of the charter is about cultural activities and facilities for the Romansh-speaking population. Paragraph 1 states that types of expression and initiatives specific to Romansh must be offered with different means of accessing these activities made available. Access to original Romansh works is to be made available to speakers of other languages through the use of subtitles, dubbing and post-synchronisation. The reverse is also an option for Romansh speakers who can access works from other languages by these means too. Organisers of these Romansh cultural activities must ensure that the staff also have good knowledge of the state languages, German and French. Romansh speakers are also to be directly involved in the organisation of these activities. This paragraph also says that a body in charge of Romansh works should be put in place and that Romansh legal, technical, commercial and social terminology must be developed, maintained and financed. The second paragraph of the article states that Romansh activities are to be offered in areas that have a sufficient number of Romansh speakers. Finally, the third paragraph says that Romansh speakers may pursue their cultural policy outside of Switzerland.
The penultimate article of the charter which concerns Romansh is Article 13 which is about the social and economic aspects of life. In the first paragraph, it states that the use of Romansh is to be supported through means other than those that are explicitly mentioned in the charter which involves banning the prohibition of minority languages in places such as private businesses and in contracts, and the opposition of practices that discourage Romansh. The third paragraph states that social and economic activities that promote Romansh may be organised by the appropriate sector.
Lastly article 14 deals with the transfrontieral exchange of Romansh. This article has no paragraphs but it gives existing agreements between Switzerland and other countries with Romansh-speaking populations legal meaning and also promotes the co-operation between local authorities within the Romansh-speaking area.
In conclusion, although it didn't directly answer my question, the study of the European Charter for Minority Languages not only bridged the gap between my linguistic and legal studies, but also gave me a lot of insight into how Romansh is treated in Switzerland as well as a good background of where the Scottish Language Law came from. If I were to do further research into this piece of legislation, I would compare how it affects Romansh and Gaelic respectively.
Special thank you to Dr Warnecke and Ms Wagner