| Abstract [eng] |
In the XIX century the idea of nation-state was formed, where the territory of the state covered boundaries of the living area of separate nation. Because of various social-cultural or political circumstances, there is no solid state in terms of nation, therefore the minorities in some of the states form a significant role of population. There can be noted that in the conception of state, which is based on nation-state idea, the conflict appears between the majority of the population forming the nation and the rest of population forming different national, etnic or linguistic groups, in order to guarantee each of them the right to use their own language. Taking this into consideration, this work analysis the language rights of minorities. The aim of this work – to research if prohibition to mark the street names and other topographic indications in the national characters does not violate the rights to use national language of minorities. The research has revealed that the minority is a group of people, that is smaller than the rest of the population in certain state and which posses non-dominant status, likewise its members being citizens of state have ethnical, linguistic or religious signs, distinguishing them from the rest of population and expressing at least indirectly solidarity for protection of their culture, traditions, religious or language. The conception of minority may be revealed through the objective and subjective criterions. The objective ones are the following: the number of the group, non-dominant position, the presence in a particular territory of a state, language, culture, religion, customs, traditions also ethnicity. Subjective criterions include willingness of minority to protect the identity and individuality. Scholars do not present the common consensus regarding the rights of minorities: whether those rights are individual or collective. Nowadays the rights of minorities may be implemented by two ways: 1) individually; 2) with other members of minority. Therefore collective elements although in minimal volume are transferred to the protection system of minorities. In international level there is International Covenant on Civil and Political Rights and its Article 27 that protects the rights of minorities. The other legal acts are more regional than international and the most detailed act that is regulating the rights of minorities is the Framework Convention for the Protection of National Minorities of the Council of Europe. Moreover, there are a plenty of complementary international or regional documents too such as European Charter for Regional or Minority Languages, Recommendation 3 of the Oslo although they are not mandatory. Analysis of Framework Convention for the Protection of National Minorities revealed that in order to achieve the effective implementation of policy for minorities protection, the legislators when creating the legislative database, shall take more into consideration the situation with minorities. Likewise it is important, that the provisions of this Covention shall come into force only when they are incorporated to the national laws. Notwithstanding that the present Lithuanian government has declared in its program, that the most significant problems of minorities (names, surnames in national characters used in the official documents, the street names and topographic indications in national characters) will be solved, no decisions have been made yet. The rights of minorities inevitably are assessed in relation with the rights of state, in which those minorities are located in. The one of the most relevant document that presents the status of state is Montevideo Convention. This convention is essential for the international legal system, because it indicates the elements of state as an international subject. These elements are the following: 1) population; 2) government; 3) territory; 4) the ability to build the relations with other states (governments). Taking into consideration necessity for the state to guarantee particular values it is important that the measures to protect those values for that state would be ensured. In the international law the principles and purposes of sovereignty and territorial integrity are recognized. These are enshrined in the Article 1-2 of the United Nations CharterTherefore the state is free to handle its domestic affairs and to protect it territorial integrity as long as the state is not violating its international commitments. The Constitution of Lithuania determines that the territory of the State of Lithuania shall be integral and shall not be divided into any State-like formations and the administrative units and their boundaries of the Republic of Lithuania are established by law. Special status for Lithuanian language is also given in the Constitution stating that “Lithuanian shall be the State language”. Therefore the special law for Lithuanian as a state language is enacted which states that local names, street names and other topographical indications have to be only in Lithuanian. The right to write the names of places and other topographic indicationss in language of minority is clearly stated in Article 11(3) of the Framework Convention for the Protection of National Minorities. The realization of this right is provided with some terms: territory shall be abundantly populated with members of minorities; the realization of the latter right shall be harmonized with the legal system of the state also it has to be determined if there is a sufficient demand for such indications. It should be noted that Lithuania has ratified the Framework Convention for the Protection of National Minorities, but, as mentioned previously, the national laws for the implementation of this Framework Convention has not been enacted yet. The formed situation in the case law of Lithuania is interpreted as follows: the legislator has a discretion to decide about the need to label the names of areas, streets or other topographic indications in national characters of minority language. It is interpreted that this could not violate the rights of minorities to use their national language, because local names, street names and other topographical indications is the function of state that is realized in the public life and the priority is given to Lithuanian as a state language in the legal system of Lithuania. |
