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European Charter for Regional or Minority Languages
Strasbourg, 5.XI.1992
Explanatory Report
Français
Preamble
The member States of the Council of Europe signatory hereto,
Considering that the aim of the Council of Europe is to achieve
a greater unity between its members, particularly for the purpose
of safeguarding and realising the ideals and principles which are
their common heritage;
Considering that the protection of the historical regional or
minority languages of Europe, some of which are in danger of
eventual extinction, contributes to the maintenance and development
of Europe's cultural wealth and traditions;
Considering that the right to use a regional or minority
language in private and public life is an inalienable right
conforming to the principles embodied in the United Nations
International Covenant on Civil and Political Rights, and according
to the spirit of the Council of Europe Convention for the
Protection of Human Rights and Fundamental Freedoms;
Having regard to the work carried out within the CSCE and in
particular to the Helsinki Final Act of 1975 and the document of
the Copenhagen Meeting of 1990;
Stressing the value of interculturalism and multilingualism and
considering that the protection and encouragement of regional or
minority languages should not be to the detriment of the official
languages and the need to learn them;
Realising that the protection and promotion of regional or
minority languages in the different countries and regions of Europe
represent an important contribution to the building of a Europe
based on the principles of democracy and cultural diversity within
the framework of national sovereignty and territorial
integrity;
Taking into consideration the specific conditions and historical
traditions in the different regions of the European States,
Have agreed as follows:
Part I – General
provisions
Article 1 –
Definitions
For the purposes of this Charter:
- a.
- "regional or minority languages" means languages that are:
- i.
- traditionally used within a given territory of a State by
nationals of that State who form a group numerically smaller than
the rest of the State's population; and
- ii.
- different from the official language(s) of that State;
- it does not include either dialects of the official language(s)
of the State or the languages of migrants;
- b.
- "territory in which the regional or minority language is used"
means the geographical area in which the said language is the mode
of expression of a number of people justifying the adoption of the
various protective and promotional measures provided for in this
Charter;
- c.
- "non-territorial languages" means languages used by nationals
of the State which differ from the language or languages used by
the rest of the State's population but which, although
traditionally used within the territory of the State, cannot be
identified with a particular area thereof.
Article 2 –
Undertakings
- Each Party undertakes to apply the provisions of Part II to all
the regional or minority languages spoken within its territory and
which comply with the definition in Article 1.
- In respect of each language specified at the time of
ratification, acceptance or approval, in accordance with Article 3,
each Party undertakes to apply a minimum of thirty-five paragraphs
or sub-paragraphs chosen from among the provisions of Part III of
the Charter, including at least three chosen from each of the
Articles 8 and 12 and one from each of the Articles 9, 10, 11 and
13.
Article 3 –
Practical arrangements
- Each Contracting State shall specify in its instrument of
ratification, acceptance or approval, each regional or minority
language, or official language which is less widely used on the
whole or part of its territory, to which the paragraphs chosen in
accordance with Article 2, paragraph 2, shall apply.
- Any Party may, at any subsequent time, notify the Secretary
General that it accepts the obligations arising out of the
provisions of any other paragraph of the Charter not already
specified in its instrument of ratification, acceptance or
approval, or that it will apply paragraph 1 of the present article
to other regional or minority languages, or to other official
languages which are less widely used on the whole or part of its
territory.
- The undertakings referred to in the foregoing paragraph shall
be deemed to form an integral part of the ratification, acceptance
or approval and will have the same effect as from their date of
notification.
Article 4 –
Existing regimes of protection
- Nothing in this Charter shall be construed as limiting or
derogating from any of the rights guaranteed by the European
Convention on Human Rights.
- The provisions of this Charter shall not affect any more
favourable provisions concerning the status of regional or minority
languages, or the legal regime of persons belonging to minorities
which may exist in a Party or are provided for by relevant
bilateral or multilateral international agreements.
Article 5 – Existing
obligations
Nothing in this Charter may be interpreted as implying any right
to engage in any activity or perform any action in contravention of
the purposes of the Charter of the United Nations or other
obligations under international law, including the principle of the
sovereignty and territorial integrity of States.
Article 6 –
Information
The Parties undertake to see to it that the authorities,
organisations and persons concerned are informed of the rights and
duties established by this Charter.
Part II – Objectives and principles pursued in accordance with
Article 2, paragraph 1
Article 7 –
Objectives and principles
- 1.
- In respect of regional or minority languages, within the
territories in which such languages are used and according to the
situation of each language, the Parties shall base their policies,
legislation and practice on the following objectives and
principles:
- a.
- the recognition of the regional or minority languages as an
expression of cultural wealth;
- b.
- the respect of the geographical area of each regional or
minority language in order to ensure that existing or new
administrative divisions do not constitute an obstacle to the
promotion of the regional or minority language in question;
- c.
- the need for resolute action to promote regional or minority
languages in order to safeguard them;
- d.
- the facilitation and/or encouragement of the use of regional or
minority languages, in speech and writing, in public and private
life;
- e.
- the maintenance and development of links, in the fields covered
by this Charter, between groups using a regional or minority
language and other groups in the State employing a language used in
identical or similar form, as well as the establishment of cultural
relations with other groups in the State using different
languages;
- f.
- the provision of appropriate forms and means for the teaching
and study of regional or minority languages at all appropriate
stages;
- g.
- the provision of facilities enabling non-speakers of a regional
or minority language living in the area where it is used to learn
it if they so desire;
- h.
- the promotion of study and research on regional or minority
languages at universities or equivalent institutions;
- i.
- the promotion of appropriate types of transnational exchanges,
in the fields covered by this Charter, for regional or minority
languages used in identical or similar form in two or more
States.
- 2.
- The Parties undertake to eliminate, if they have not yet done
so, any unjustified distinction, exclusion, restriction or
preference relating to the use of a regional or minority language
and intended to discourage or endanger the maintenance or
development of it. The adoption of special measures in favour of
regional or minority languages aimed at promoting equality between
the users of these languages and the rest of the population or
which take due account of their specific conditions is not
considered to be an act of discrimination against the users of more
widely-used languages.
- 3.
- The Parties undertake to promote, by appropriate measures,
mutual understanding between all the linguistic groups of the
country and in particular the inclusion of respect, understanding
and tolerance in relation to regional or minority languages among
the objectives of education and training provided within their
countries and encouragement of the mass media to pursue the same
objective.
- 4.
- In determining their policy with regard to regional or minority
languages, the Parties shall take into consideration the needs and
wishes expressed by the groups which use such languages. They are
encouraged to establish bodies, if necessary, for the purpose of
advising the authorities on all matters pertaining to regional or
minority languages.
- 5.
- The Parties undertake to apply, mutatis mutandis, the
principles listed in paragraphs 1 to 4 above to non-territorial
languages. However, as far as these languages are concerned, the
nature and scope of the measures to be taken to give effect to this
Charter shall be determined in a flexible manner, bearing in mind
the needs and wishes, and respecting the traditions and
characteristics, of the groups which use the languages
concerned.
Part III – Measures to promote the use of regional or minority
languages in public life in accordance with the undertakings
entered into under Article 2, paragraph 2
Article 8 –
Education
- 1.
- With regard to education, the Parties undertake, within the
territory in which such languages are used, according to the
situation of each of these languages, and without prejudice to the
teaching of the official language(s) of the State:
- a.
-
- i.
- to make available pre-school education in the relevant regional
or minority languages; or
- ii.
- to make available a substantial part of pre-school education in
the relevant regional or minority languages; or
- iii.
- to apply one of the measures provided for under i and ii above
at least to those pupils whose families so request and whose number
is considered sufficient; or
- iv.
- if the public authorities have no direct competence in the
field of pre-school education, to favour and/or encourage the
application of the measures referred to under i to iii above;
- b.
-
- i.
- to make available primary education in the relevant regional or
minority languages; or
- ii.
- to make available a substantial part of primary education in
the relevant regional or minority languages; or
- iii.
- to provide, within primary education, for the teaching of the
relevant regional or minority languages as an integral part of the
curriculum; or
- iv.
- to apply one of the measures provided for under i to iii above
at least to those pupils whose families so request and whose number
is considered sufficient;
- c.
-
- i.
- to make available secondary education in the relevant regional
or minority languages; or
- ii.
- to make available a substantial part of secondary education in
the relevant regional or minority languages; or
- iii.
- to provide, within secondary education, for the teaching of the
relevant regional or minority languages as an integral part of the
curriculum; or
- iv.
- to apply one of the measures provided for under i to iii above
at least to those pupils who, or where appropriate whose families,
so wish in a number considered sufficient;
- d.
-
- i.
- to make available technical and vocational education in the
relevant regional or minority languages; or
- ii.
- to make available a substantial part of technical and
vocational education in the relevant regional or minority
languages; or
- iii.
- to provide, within technical and vocational education, for the
teaching of the relevant regional or minority languages as an
integral part of the curriculum; or
- iv.
- to apply one of the measures provided for under i to iii above
at least to those pupils who, or where appropriate whose families,
so wish in a number considered sufficient;
- e.
-
- i.
- to make available university and other higher education in
regional or minority languages; or
- ii.
- to provide facilities for the study of these languages as
university and higher education subjects; or
- iii.
- if, by reason of the role of the State in relation to higher
education institutions, sub-paragraphs i and ii cannot be applied,
to encourage and/or allow the provision of university or other
forms of higher education in regional or minority languages or of
facilities for the study of these languages as university or higher
education subjects;
- f.
-
- i.
- to arrange for the provision of adult and continuing education
courses which are taught mainly or wholly in the regional or
minority languages; or
- ii.
- to offer such languages as subjects of adult and continuing
education; or
- iii.
- if the public authorities have no direct competence in the
field of adult education, to favour and/or encourage the offering
of such languages as subjects of adult and continuing
education;
- g.
- to make arrangements to ensure the teaching of the history and
the culture which is reflected by the regional or minority
language;
- h.
- to provide the basic and further training of the teachers
required to implement those of paragraphs a to g accepted by the
Party;
- i.
- to set up a supervisory body or bodies responsible for
monitoring the measures taken and progress achieved in establishing
or developing the teaching of regional or minority languages and
for drawing up periodic reports of their findings, which will be
made public.
- 2.
- With regard to education and in respect of territories other
than those in which the regional or minority languages are
traditionally used, the Parties undertake, if the number of users
of a regional or minority language justifies it, to allow,
encourage or provide teaching in or of the regional or minority
language at all the appropriate stages of education.
Article 9 – Judicial
authorities
- 1.
- The Parties undertake, in respect of those judicial districts
in which the number of residents using the regional or minority
languages justifies the measures specified below, according to the
situation of each of these languages and on condition that the use
of the facilities afforded by the present paragraph is not
considered by the judge to hamper the proper administration of
justice:
- a.
- in criminal proceedings:
- i.
- to provide that the courts, at the request of one of the
parties, shall conduct the proceedings in the regional or minority
languages; and/or
- ii.
- to guarantee the accused the right to use his/her regional or
minority language; and/or
- iii.
- to provide that requests and evidence, whether written or oral,
shall not be considered inadmissible solely because they are
formulated in a regional or minority language; and/or
- iv.
- to produce, on request, documents connected with legal
proceedings in the relevant regional or minority language,
- if necessary by the use of interpreters and translations
involving no extra expense for the persons concerned;
- b.
- in civil proceedings:
- i.
- to provide that the courts, at the request of one of the
parties, shall conduct the proceedings in the regional or minority
languages; and/or
- ii.
- to allow, whenever a litigant has to appear in person before a
court, that he or she may use his or her regional or minority
language without thereby incurring additional expense; and/or
- iii.
- to allow documents and evidence to be produced in the regional
or minority languages,
- if necessary by the use of interpreters and translations;
- c.
- in proceedings before courts concerning administrative matters:
- i.
- to provide that the courts, at the request of one of the
parties, shall conduct the proceedings in the regional or minority
languages; and/or
- ii.
- to allow, whenever a litigant has to appear in person before a
court, that he or she may use his or her regional or minority
language without thereby incurring additional expense; and/or
- iii.
- to allow documents and evidence to be produced in the regional
or minority languages,
- if necessary by the use of interpreters and translations;
- d.
- to take steps to ensure that the application of sub-paragraphs
i and iii of paragraphs b and c above and any necessary use of
interpreters and translations does not involve extra expense for
the persons concerned.
- 2.
- The Parties undertake:
- a.
- not to deny the validity of legal documents drawn up within the
State solely because they are drafted in a regional or minority
language; or
- b.
- not to deny the validity, as between the parties, of legal
documents drawn up within the country solely because they are
drafted in a regional or minority language, and to provide that
they can be invoked against interested third parties who are not
users of these languages on condition that the contents of the
document are made known to them by the person(s) who invoke(s) it;
or
- c.
- not to deny the validity, as between the parties, of legal
documents drawn up within the country solely because they are
drafted in a regional or minority language.
- 3.
- The Parties undertake to make available in the regional or
minority languages the most important national statutory texts and
those relating particularly to users of these languages, unless
they are otherwise provided.
Article 10 – Administrative authorities and public
services
- 1.
- Within the administrative districts of the State in which the
number of residents who are users of regional or minority languages
justifies the measures specified below and according to the
situation of each language, the Parties undertake, as far as this
is reasonably possible:
- a.
-
- i.
- to ensure that the administrative authorities use the regional
or minority languages; or
- ii.
- to ensure that such of their officers as are in contact with
the public use the regional or minority languages in their
relations with persons applying to them in these languages; or
- iii.
- to ensure that users of regional or minority languages may
submit oral or written applications and receive a reply in these
languages; or
- iv.
- to ensure that users of regional or minority languages may
submit oral or written applications in these languages; or
- v.
- to ensure that users of regional or minority languages may
validly submit a document in these languages;
- b.
- to make available widely used administrative texts and forms
for the population in the regional or minority languages or in
bilingual versions;
- c.
- to allow the administrative authorities to draft documents in a
regional or minority language.
- 2.
- In respect of the local and regional authorities on whose
territory the number of residents who are users of regional or
minority languages is such as to justify the measures specified
below, the Parties undertake to allow and/or encourage:
- a.
- the use of regional or minority languages within the framework
of the regional or local authority;
- b.
- the possibility for users of regional or minority languages to
submit oral or written applications in these languages;
- c.
- the publication by regional authorities of their official
documents also in the relevant regional or minority languages;
- d.
- the publication by local authorities of their official
documents also in the relevant regional or minority languages;
- e.
- the use by regional authorities of regional or minority
languages in debates in their assemblies, without excluding,
however, the use of the official language(s) of the State;
- f.
- the use by local authorities of regional or minority languages
in debates in their assemblies, without excluding, however, the use
of the official language(s) of the State;
- g.
- the use or adoption, if necessary in conjunction with the name
in the official language(s), of traditional and correct forms of
place-names in regional or minority languages.
- 3.
- With regard to public services provided by the administrative
authorities or other persons acting on their behalf, the Parties
undertake, within the territory in which regional or minority
languages are used, in accordance with the situation of each
language and as far as this is reasonably possible:
- a.
- to ensure that the regional or minority languages are used in
the provision of the service; or
- b.
- to allow users of regional or minority languages to submit a
request and receive a reply in these languages; or
- c.
- to allow users of regional or minority languages to submit a
request in these languages.
- 4.
- With a view to putting into effect those provisions of
paragraphs 1, 2 and 3 accepted by them, the Parties undertake to
take one or more of the following measures:
- a.
- translation or interpretation as may be required;
- b.
- recruitment and, where necessary, training of the officials and
other public service employees required;
- c.
- compliance as far as possible with requests from public service
employees having a knowledge of a regional or minority language to
be appointed in the territory in which that language is used.
- 5.
- The Parties undertake to allow the use or adoption of family
names in the regional or minority languages, at the request of
those concerned.
Article 11 – Media
- 1.
- The Parties undertake, for the users of the regional or
minority languages within the territories in which those languages
are spoken, according to the situation of each language, to the
extent that the public authorities, directly or indirectly, are
competent, have power or play a role in this field, and respecting
the principle of the independence and autonomy of the media:
- a.
- to the extent that radio and television carry out a public
service mission:
- i.
- to ensure the creation of at least one radio station and one
television channel in the regional or minority languages; or
- ii.
- to encourage and/or facilitate the creation of at least one
radio station and one television channel in the regional or
minority languages; or
- iii.
- to make adequate provision so that broadcasters offer
programmes in the regional or minority languages;
- b.
-
- i.
- to encourage and/or facilitate the creation of at least one
radio station in the regional or minority languages; or
- ii.
- to encourage and/or facilitate the broadcasting of radio
programmes in the regional or minority languages on a regular
basis;
- c.
-
- i.
- to encourage and/or facilitate the creation of at least one
television channel in the regional or minority languages; or
- ii.
- to encourage and/or facilitate the broadcasting of television
programmes in the regional or minority languages on a regular
basis;
- d.
- to encourage and/or facilitate the production and distribution
of audio and audiovisual works in the regional or minority
languages;
- e.
-
- i.
- to encourage and/or facilitate the creation and/or maintenance
of at least one newspaper in the regional or minority languages;
or
- i.
- to encourage and/or facilitate the publication of newspaper
articles in the regional or minority languages on a regular
basis;
- f.
-
- i.
- to cover the additional costs of those media which use regional
or minority languages, wherever the law provides for financial
assistance in general for the media; or
- ii.
- to apply existing measures for financial assistance also to
audiovisual productions in the regional or minority languages;
- g.
- to support the training of journalists and other staff for
media using regional or minority languages.
- 2.
- The Parties undertake to guarantee freedom of direct reception
of radio and television broadcasts from neighbouring countries in a
language used in identical or similar form to a regional or
minority language, and not to oppose the retransmission of radio
and television broadcasts from neighbouring countries in such a
language. They further undertake to ensure that no restrictions
will be placed on the freedom of expression and free circulation of
information in the written press in a language used in identical or
similar form to a regional or minority language. The exercise of
the above-mentioned freedoms, since it carries with it duties and
responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and are
necessary in a democratic society, in the interests of national
security, territorial integrity or public safety, for the
prevention of disorder or crime, for the protection of health or
morals, for the protection of the reputation or rights of others,
for preventing disclosure of information received in confidence, or
for maintaining the authority and impartiality of the
judiciary.
- 3.
- The Parties undertake to ensure that the interests of the users
of regional or minority languages are represented or taken into
account within such bodies as may be established in accordance with
the law with responsibility for guaranteeing the freedom and
pluralism of the media.
Article
12 – Cultural activities and facilities
- 1.
- With regard to cultural activities and facilities – especially
libraries, video libraries, cultural centres, museums, archives,
academies, theatres and cinemas, as well as literary work and film
production, vernacular forms of cultural expression, festivals and
the culture industries, including inter alia the use of new
technologies – the Parties undertake, within the territory in which
such languages are used and to the extent that the public
authorities are competent, have power or play a role in this field:
- a.
- to encourage types of expression and initiative specific to
regional or minority languages and foster the different means of
access to works produced in these languages;
- b.
- to foster the different means of access in other languages to
works produced in regional or minority languages by aiding and
developing translation, dubbing, post-synchronisation and
subtitling activities;
- c.
- to foster access in regional or minority languages to works
produced in other languages by aiding and developing translation,
dubbing, post-synchronisation and subtitling activities;
- d.
- to ensure that the bodies responsible for organising or
supporting cultural activities of various kinds make appropriate
allowance for incorporating the knowledge and use of regional or
minority languages and cultures in the undertakings which they
initiate or for which they provide backing;
- e.
- to promote measures to ensure that the bodies responsible for
organising or supporting cultural activities have at their disposal
staff who have a full command of the regional or minority language
concerned, as well as of the language(s) of the rest of the
population;
- f.
- to encourage direct participation by representatives of the
users of a given regional or minority language in providing
facilities and planning cultural activities;
- g.
- to encourage and/or facilitate the creation of a body or bodies
responsible for collecting, keeping a copy of and presenting or
publishing works produced in the regional or minority
languages;
- h.
- if necessary, to create and/or promote and finance translation
and terminological research services, particularly with a view to
maintaining and developing appropriate administrative, commercial,
economic, social, technical or legal terminology in each regional
or minority language.
- 2.
- In respect of territories other than those in which the
regional or minority languages are traditionally used, the Parties
undertake, if the number of users of a regional or minority
language justifies it, to allow, encourage and/or provide
appropriate cultural activities and facilities in accordance with
the preceding paragraph.
- 3.
- The Parties undertake to make appropriate provision, in
pursuing their cultural policy abroad, for regional or minority
languages and the cultures they reflect.
Article 13 –
Economic and social life
- 1.
- With regard to economic and social activities, the Parties
undertake, within the whole country:
- a.
- to eliminate from their legislation any provision prohibiting
or limiting without justifiable reasons the use of regional or
minority languages in documents relating to economic or social
life, particularly contracts of employment, and in technical
documents such as instructions for the use of products or
installations;
- b.
- to prohibit the insertion in internal regulations of companies
and private documents of any clauses excluding or restricting the
use of regional or minority languages, at least between users of
the same language;
- c.
- to oppose practices designed to discourage the use of regional
or minority languages in connection with economic or social
activities;
- d.
- to facilitate and/or encourage the use of regional or minority
languages by means other than those specified in the above
sub-paragraphs.
- 2.
- With regard to economic and social activities, the Parties
undertake, in so far as the public authorities are competent,
within the territory in which the regional or minority languages
are used, and as far as this is reasonably possible:
- a.
- to include in their financial and banking regulations
provisions which allow, by means of procedures compatible with
commercial practice, the use of regional or minority languages in
drawing up payment orders (cheques, drafts, etc.) or other
financial documents, or, where appropriate, to ensure the
implementation of such provisions;
- b.
- in the economic and social sectors directly under their control
(public sector), to organise activities to promote the use of
regional or minority languages;
- c.
- to ensure that social care facilities such as hospitals,
retirement homes and hostels offer the possibility of receiving and
treating in their own language persons using a regional or minority
language who are in need of care on grounds of ill-health, old age
or for other reasons;
- d.
- to ensure by appropriate means that safety instructions are
also drawn up in regional or minority languages;
- e.
- to arrange for information provided by the competent public
authorities concerning the rights of consumers to be made available
in regional or minority languages.
Article 14 –
Transfrontier exchanges
The Parties undertake:
- a.
- to apply existing bilateral and multilateral agreements which
bind them with the States in which the same language is used in
identical or similar form, or if necessary to seek to conclude such
agreements, in such a way as to foster contacts between the users
of the same language in the States concerned in the fields of
culture, education, information, vocational training and permanent
education;
- b.
- for the benefit of regional or minority languages, to
facilitate and/ or promote co-operation across borders, in
particular between regional or local authorities in whose territory
the same language is used in identical or similar form.
Part IV –
Application of the Charter
Article 15 –
Periodical reports
- The Parties shall present periodically to the Secretary General
of the Council of Europe, in a form to be prescribed by the
Committee of Ministers, a report on their policy pursued in
accordance with Part II of this Charter and on the measures taken
in application of those provisions of Part III which they have
accepted. The first report shall be presented within the year
following the entry into force of the Charter with respect to the
Party concerned, the other reports at three-yearly intervals after
the first report.
- The Parties shall make their reports public.
Article 16 –
Examination of the reports
- The reports presented to the Secretary General of the Council
of Europe under Article 15 shall be examined by a committee of
experts constituted in accordance with Article 17.
- Bodies or associations legally established in a Party may draw
the attention of the committee of experts to matters relating to
the undertakings entered into by that Party under Part III of this
Charter. After consulting the Party concerned, the committee of
experts may take account of this information in the preparation of
the report specified in paragraph 3 below. These bodies or
associations can furthermore submit statements concerning the
policy pursued by a Party in accordance with Part II.
- On the basis of the reports specified in paragraph 1 and the
information mentioned in paragraph 2, the committee of experts
shall prepare a report for the Committee of Ministers. This report
shall be accompanied by the comments which the Parties have been
requested to make and may be made public by the Committee of
Ministers.
- The report specified in paragraph 3 shall contain in particular
the proposals of the committee of experts to the Committee of
Ministers for the preparation of such recommendations of the latter
body to one or more of the Parties as may be required.
- The Secretary General of the Council of Europe shall make a
two-yearly detailed report to the Parliamentary Assembly on the
application of the Charter.
Article 17 –
Committee of experts
- The committee of experts shall be composed of one member per
Party, appointed by the Committee of Ministers from a list of
individuals of the highest integrity and recognised competence in
the matters dealt with in the Charter, who shall be nominated by
the Party concerned.
- Members of the committee shall be appointed for a period of six
years and shall be eligible for reappointment. A member who is
unable to complete a term of office shall be replaced in accordance
with the procedure laid down in paragraph 1, and the replacing
member shall complete his predecessor's term of office.
- The committee of experts shall adopt rules of procedure. Its
secretarial services shall be provided by the Secretary General of
the Council of Europe.
Part V – Final
provisions
Article
18
This Charter shall be open for signature by the member States of
the Council of Europe. It is subject to ratification, acceptance or
approval. Instruments of ratification, acceptance or approval shall
be deposited with the Secretary General of the Council of
Europe.
Article
19
- This Charter shall enter into force on the first day of the
month following the expiration of a period of three months after
the date on which five member States of the Council of Europe have
expressed their consent to be bound by the Charter in accordance
with the provisions of Article 18.
- In respect of any member State which subsequently expresses its
consent to be bound by it, the Charter shall enter into force on
the first day of the month following the expiration of a period of
three months after the date of the deposit of the instrument of
ratification, acceptance or approval.
Article
20
- After the entry into force of this Charter, the Committee of
Ministers of the Council of Europe may invite any State not a
member of the Council of Europe to accede to this Charter.
- In respect of any acceding State, the Charter shall enter into
force on the first day of the month following the expiration of a
period of three months after the date of deposit of the instrument
of accession with the Secretary General of the Council of
Europe.
Article
21
- Any State may, at the time of signature or when depositing its
instrument of ratification, acceptance, approval or accession, make
one or more reservations to paragraphs 2 to 5 of Article 7 of this
Charter. No other reservation may be made.
- Any Contracting State which has made a reservation under the
preceding paragraph may wholly or partly withdraw it by means of a
notification addressed to the Secretary General of the Council of
Europe. The withdrawal shall take effect on the date of receipt of
such notification by the Secretary General.
Article
22
- Any Party may at any time denounce this Charter by means of a
notification addressed to the Secretary General of the Council of
Europe.
- Such denunciation shall become effective on the first day of
the month following the expiration of a period of six months after
the date of receipt of the notification by the Secretary
General.
Article
23
The Secretary General of the Council of Europe shall notify the
member States of the Council and any State which has acceded to
this Charter of:
- a.
- any signature;
- b.
- the deposit of any instrument of ratification, acceptance,
approval or accession;
- c.
- any date of entry into force of this Charter in accordance with
Articles 19 and 20;
- d.
- any notification received in application of the provisions of
Article 3, paragraph 2;
- e.
- any other act, notification or communication relating to this
Charter.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Charter.
Done at Strasbourg, this 5th day of November 1992, in English
and French, both texts being equally authentic, in a single copy
which shall be deposited in the archives of the Council of Europe.
The Secretary General of the Council of Europe shall transmit
certified copies to each member State of the Council of Europe and
to any State invited to accede to this Charter.