Legitimacy of the Right to Language

4 (3) is the only provision solely concerned with language. It is the right of the members of minorities to learn the mother tongue or receive instructions in the mother tongue. While there are several quahfications to the provision, the meaning is nevertheless clear. It is determinate. 

The Language Charter takes this up in articles 9 and 10. Art. 9(1) a-c spell out what is means to use the language before judicial authorities. Similarly, art. 10 (1-3) provides for state measures on minority or regional languages before administrative authorities and public services. These measures are detailed and determinate. The fact that they are part of a menu from which states can choose which provisions it accepts as binding does not affect the determinacy. 

The Framework Convention addresses language right in art. 14. It is difficult to understand the clear message of art. 14 (2). The provisimi consists of only one sentence, but this sentence is made up of 59 words. The provision gives members of minorities the possibility to learn the minority language. There are so many 

Note here the assumption that the minority language also is the mother tongue. This assumptirai recurs in the CSCE (1990) Copenhagen Document http //www.osce.org/odihr/elections/14304 Accessed 06 May 2014. 

The different instruments all include indeterminate terms or even provisions. The Language Charter functions as an explanatory note to the other instruments. It explains terms the other instruments use without further explanation. For example, the right to use one s own language in the public sphere becomes determinate when considering the several documents together. 

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