Law
on the Use of the Languages
of National Minorities and Ethnic Groups
Draft Law of the Hungarian Coalition
Preamble
The National Council of the Slovak Republic
adopted the following Law:
Article 1
Purpose of the Law and Definition of Principles
(1) The present Law regulates the rights of national minorities and ethnic groups to use their mother tongue.
(2) In applying the present Law the Hungarian, the Czech, the Ukrainian, the Ruthenian, the Polish, the Croat and the German languages are considered as national minority languages.
(3) The use of the Romani language is guaranteed by certain provisions of the present Law.
Article 2 General Provisions
(1) Members of national minorities and ethnic groups have the right to use freely and without interference of the state or its organs their mother tongue in private and in public, both orally and in writing.
(2) Persons belonging to national minorities and ethnic groups have the right to use their surnames and first names , and the right to official recognition of them.
(3) In municipalities where members of a national minority or ethnic group constitute at least ten percent of the population, the name of the municipality is indicated on their mother tongue as well. Local denominations, denominations of certain districts of the municipality, of streets and other topographical denominations are displayed in their mother tongue as well.
(4) Persons belonging to national minorities and ethnic groups have the right to display signs, inscriptions and other information intended for the public without interference of state organs.
Article 3
Use of the Languages of National Minorities and Ethnic Groups in Official
Contact
(1) In municipalities and superior territorial units of administration where members of a national minority or ethnic group constitute an absolute or relative majority of the population, their mother tongue, in addition to the state language, is an equal official language in every administrative authority and public institution whose jurisdiction covers the given municipality or superior territorial unit of administration, and every action taken by them is bilingual.
(2) In municipalities and superior territorial units of administration where a national minority or ethnic group constitutes at least ten percent of the population, members of a national minority or ethnic group have the right to use their own mother tongue in official contacts.
(3) In municipalities and superior territorial units of administration where a national minority or ethnic group constitute at least ten percent of the population, administrative authorities and public institutions issue their official publications to the public in the language of the national minority or ethnic group, or in a bilingual version.
(4) Members of national minorities and ethnic groups have the right to submit oral and written applications to administrative authorities and public institutions in their own mother tongue, and to receive reply in these languages.
(5) In municipalities where members of a national minority or ethnic group constitute at least ten percent of the population, administrative authorities and public institutions make appear all legal norms, decrees, resolutions, and other official documents in the language of the national minority or ethnic group, in addition to the Slovak version.
(6) In municipalities and superior territorial units of administration where a national minority or ethnic group constitute at least ten percent of the population, in order to promote the rights enshrined in this Article, adequate proficiency of the language of the national minority or ethnic group used in the given municipality or superior territorial unit is, in the case of specified fields of work, a prerequisite to employment or engagement in other work-like situations, and completing specified contractual works for state organs and organisations, territorial self-governments and the organs of public institutions. This requirement shall not be considered as an act of discrimination against other citizens of the Slovak Republic.
(7) State organs, state organisations, organs of territorial self-governments and organs of public institutions, organs of transport, postal and communications services, police and fire departments publish their information intended for the public in the language of the national minority or ethnic group where a national minority or ethnic group constitute at least ten percent of the population.
(8) The chronicles of municipalities may be conducted in the language of the national minority or ethnic group.
Article 4
Use of the Languages of National Minorities and Ethnic Groups in Court
and Public Administration Proceedings
(1) Members of national minorities and ethnic groups have the right to use their own mother tongue in court and public administration proceedings.
(2) In municipalities and superior territorial units of administration where members of a national minority or ethnic group constitute at least ten percent of the total population,
a/ in criminal proceedings, on the request of the accused, they have the right to conduct the hearing in the language of the national minority or ethnic group,
b/ in civil proceedings, on the unanimous request of the parties, they have the right that the hearing be conducted in their mother tongue,
c/ public administration hearings are proceeded according to Paragraph 1 of Article 3 of the present Law,
d/ they have the right to submit their applications and evidences, both orally and in writing, in their own mothertongue.
Article 5
Use of the Languages of National Minorities and Ethnic Groups in Education
(1) Members of national minorities and ethnic groups have the right to receive instruction in their own mother tongue at every level of education.
(2) In schools where the language of instruction is that of the national minority or ethnic group, the language of instruction and examination is the language of the given minority. This provision does not affect the obligation to instruct the state language in every elementary and secondary school of the Slovak Republic.
(3) In schools where the language of instruction is that of the national minority or ethnic group, educational documentation are conducted in the language of instruction. The certificates issued by the aforementioned institutions are bilingual.
(4) Textbooks and instructional texts are provided for the aforementioned schools by the Ministry of Education. Schools using the languages of national minorities and ethnic groups as language of instruction may use textbooks published in the school's language of instruction obtained in inter-frontier cooperation.
(5) The Slovak Republic, in addition to schools using the languages of national minorities and ethnic groups as language of instruction, ensures, on the request of parents or other private individuals, the instruction of the languages of national minorities and ethnic groups as well as the Romani language, and provides for the necessary textbooks in an adequate degree.
Article 6
Use of the Languages of National Minorities and Ethnic Groups in Culture
(1) Members of national minorities and ethnic groups have the right to preserve, develop and transfer to next generations their cultural heritage.
(2) Members of national minorities and ethnic groups, in order to preserve their cultural identity, have the right to set up organisations, associations and institutions. The language of deliberation of these is the language of the given national minority or ethnic group. Their internal administration is conducted in the language of the given national minority or ethnic group. Members of national minorities and ethnic groups have the right to be subsidized by the state budget and public funds in an appropriate degree for activities accomplished on the basis of paragraphs (1) and (2) of the present Article.
Article 7
Use of Languages of national Minorities and Ethnic Groups in Mass Media
(1) Members of national minorities and ethnic groups have the right to hold opinions, to receive and impart information in their own mother tongue without interference of state authorities and regardless of borders.
(2) Members of national minorities and ethnic groups shall not be discriminated against in their access to the mass media based on belonging to a national minority or ethnic group.
(3) Members of national minorities and ethnic groups have the right to create and use mass media using their own mother tongue.
(4) Members of national minorities and ethnic groups have the right to adequate broadcasting time in public radio and in public television proportionate to the number of their population. (5) Radio and television programmes intended for national minorities are broadcasted in their mother tongue both in national and regional level.
(6) Members of national minorities and ethnic groups have the right to produce and disseminate sound records and audiovisual artistic materials both for children and adults.
(7) Periodical and occasional printed media provided for the needs of national minorities and ethnic groups are published in their mother tongue.
(8) In municipalities and superior territorial units of administration, where members of national minorities and ethnic groups constitute at least ten percent of the total population, occasional printed materials intended for the public, catalogues of galleries, museums and libraries, programmes of cinemas, theatres, concerts and other cultural events are published in their mother tongue as well.
(9) Members of national minorities and ethnic groups have the right to be represented in those councils, established in comformity with the law, to guarantee the freedom and plurality of public radio and public television .
(10) Members of national minorities and ethnic groups have the right to be subsidized by the state budget and public funds in an appropriate degree for activities accomplished on the basis of the present Article. Decision over the subsidy shall be based on the proportion of the number of their population.
Article 8
Use of the Languages of National Minorities and Ethnic Groups in the Armed
Forces, Armed Services and Fire Departments
(1) Members of national minorities and ethnic groups, in their contacts of private nature and on cultural events, may use their own language in the armed forces as well. This does not affect the use of the state language as language of command in the armed forces and armed services.
(2) In municipalities and superior territorial units of administration, where members of national minorities and ethnic groups constitute at least ten percent of the population, fire departments may conduct their administration in the language of a national minority or ethnic group and, in accordance with the possibilities, the language of a national minority and ethnic group may also be the language of command. The provisions of the Article 3 of the present Law shall be applied to the municipal police forces as well.
Article 9
Use of the Language of the National Minorities and Ethnic Groups in the
Economic Sector, Service Industries and Health Care
(1) Members of national minorities and ethnic groups have the right to use their own mother tongue in economic and social life.
(2) In health care and welfare institutions, contact between the personnel and patients occurs, without limitation, in the languages of the national minorities or ethnic groups as well. In municipalities and superior territorial units of administration, where a national minority or ethnic group constitutes at least ten percent of the population, the information of health care and welfare institutions, intended for the public and for professionals, as well as sanitary education shall be published in the language of the national minorities and ethnic groups as well. In employment to these institutions applicants speaking the languages of national minorities and ethnic groups are to enjoy preference. This requirement shall not be considered as an act of discrimination against other professionals.
(3) In municipalities and superior territorial units of administration, where a national minority or ethnic group constitutes at least ten percent of the population, inscriptions, information and advertisements intended for the public shall be displayed in the language of the national minority as well as the Romani language. In the aforementioned municipalities and superior territorial units of administration, security measures shall be published and displayed in the languages of the national minorities and ethnic groups as well.
(4) In the interest of the protection of the consumer, in municipalities and superior territorial units of administration, where members of a national minority or ethnic group constitutes at least ten percent of the population, the users instruction of chemical products, medicines and food products shall be enclosed in the mother tongue of the given minority or group as well.
Article 10
Temporary and Closing Provisions
(1) Conditions for practising the rights enshrined in the present Law shall be guaranteed by state organs and organisations, administrative organs as well as organs of self-governments.
(2) On the day when the present Law enters into effect, all legal norms, restrictions and limitations related to the use of the languages of national minorities and ethnic groups contradicting the present Law become null and void.
(3) After the present Law enters into force, all restrictive clauses, prohibiting or limiting the use of the languages of national minorities or ethnic groups in the internal regulations of entrepreneurial legal entities and private individuals become null and void.
(4) In municipalities and superior territorial units of administration, where members of a national minority or ethnic group constitute at least ten percent of the total population, Paragraphs 1, 2, 3 and 5 of Article 3, Paragraphs 1, 3 and 4 of Article 4, Paragraphs 3, 6 and 7 of Article 5, Paragraphs 1, 2 and 5 of Article 7, Paragraphs 1, 2, 3, 4, 5 and 6 of Article 8, Paragraph 1 of Article 10 and Paragrapph 1 of Article 11 of Law No. 270/1995 of the National Council of the Slovak Republic shall not be applied. The provisions of the present Law shall be applied instead.
(5) Paragraph 4 of Article 5 of Law No. 270/1995 of the National Council of the Slovak Republic is amended as follows: "District and local television and radio stations as well as radio transmitters broadcast their programmes in the state language, exceptions are the programmes of the aforementioned stations and transmitters intended for national minorities and ethnic groups. These programmes are broadcast in the languages of national minorities and ethnic groups."
(6) Article 10 of Law No. 270/1995 of the National Council of the Slovak Republic is null and void.
Article 11
Entry into Effect of the Law The present Law enters into effect on the day of its promulgation.
Note: This draft is based on the European Charter for Regional or Minority Languages, the Framework Convention for the Protection of National Minorities, Law No. 122/1920 of the Czechoslovak Republic on the Principles of Language Rights, as well as Government Decree No. 17/1926 on the Implementation of Constitutional Law No. 122/1920. (December 22, 1995)