Droit et Cultures (Jun 2012)
Protection des locuteurs et protection des langues minoritaires ou régionales en Roumanie
Abstract
The protection of speakers and of regional or minority languages is a major topic in the Romanian multicultural and ethnically diverse background. The Romanian law approach on this subject is inspired mainly by two distinct theories developed in international law with regard to the notion of language. The first theory, more classical, was developed in many international conventions such as the Convention for the protection of the national minorities. It considers the language from a subjective point of view as a component of the identity of a minority. Therefore, the protection of the language represents a right guaranteed to that minority. This approach inspired the Romanian legislation towards a protection of the language through the protection of their speakers. Consequently, Romanian law incorporates the linguistic issue in the legal framework of the judicial status of national minorities and of the equality principle. The second theory inspiring the Romanian legislation is a more modern and objective approach of the notion of language, as it considers it as a cultural asset, part of a regional, national or European heritage that has to be preserved. The Charter of the regional or minority languages and the specific EU law on this field are the main European references developing this theory. As they constitute a binding legislation for Romania, they should be progressively integrated in the national law. Thus, the protection of speakers and of minority or regional languages is developed in Romania on a clear legal framework founded under the strong influences of international law and it continues to evolve in accordance with the national specificity.
