The Legal Position of National Minorities – Exercising the Right to Use the Mother Tongue of a Minority in Official Dealings in the Slovak Republic Cover Image

Právne postavenie národnostných menšín – realizácia práva používať materinský jazyk menšiny v úradnom styku v Slovenskej republike
The Legal Position of National Minorities – Exercising the Right to Use the Mother Tongue of a Minority in Official Dealings in the Slovak Republic

Author(s): Klaudia Marczyová
Subject(s): Law, Constitution, Jurisprudence
Published by: Univerzita Karlova v Praze, Nakladatelství Karolinum
Keywords: national minorities; law amendment; use of the language of national minorities; rights of national minorities; signboard law; Constitution of the SR; constitutional regulation; statutory regulation; national minority act

Summary/Abstract: The rights of national minorities and ethnic groups and their exercise, as well as other issues relating to the position of citizens belonging to minority population have been debated within the society. Countries try hard to solve these issues either through their domestic policies in the context of international documents and obligations, or at a supranational level. The Slovak Republic belongs to countries with a heterogeneous composition of population; one of its priorities is to guarantee the rights and freedoms of national minorities and ethnic groups. Rights of national minorities and ethnic groups are guaranteed by the Constitution of the Slovak Republic which also serves as guaranty of the principle of equality and non-discrimination; however, a special law should be adopted in order to implement individual rights. Due to the absence of such comprehensive law regulating the position of national minorities, the conditions for exercising their constitutional rights are governed by several statutes. The intention of the Government of the Slovak Republic, as has been declared, is to solve the situation and to create a suitable environment, including the legal environment, where these rights could be exercised in reality. The article focuses on the possibility of exercising a particular right, i.e. the right to use a minority’s mother tongue in dealing with administrative bodies in the sense of one particular law amended in Slovakia in order to promote and enhance the application of the respective right. The article describes its positive features, circumstances of its adoption, and negative aspects preceding its adoption. Whether the law can be considered as quality legislation will be seen in practice; steps taken by the Government resulted from obligations imposed by international organizations and from the fulfilment by the state of obligations in relations to its citizens-members of national minorities. Considering the regulation allowing for a more realistic application of this right by members of national minorities, it can be regarded as a step forward in the solution of problems of national minorities in Slovakia.

  • Issue Year: 59/2013
  • Issue No: 1
  • Page Range: 45-52
  • Page Count: 8
  • Language: Slovak