Since decades, minority language usage has been a heavily debated topic Europe-wide. Language is considered the core of cultural identity helping the preservation of heritage, tradition and customs. The importance of minority language usage has caused reason for misunderstanding due to historic and political reasons. Language is often deemed to be a marker of political identity, hence, is usually tried to be suppressed by states despite it being a great asset for knowledge preservation and economic advantages. Overall, the recognition of minority languages in Europe, specifically in the European Union contribute to a more equitable and cohesive society and also to the maintenance of peace throughout Europe. Despite its importance, the Hungarian minorities – as many other minorities – were forced to suppress their own national identity, specifically their native language in many neighboring countries.

Notwithstanding the tumultuous historical and geopolitical context of the above, legally speaking, minority rights are not only crucial for preservation of cultures but also serve as a fundamental right to individuals or groups of individuals. Language rights are considered an aspect of fundamental human rights hence need protection. Many international treaties and documents such as Article 27 of ICCPR or Article 30 of CRC advocate for the protection of linguistic minorities, stressing that individuals or groups should have the right to use their mother tongue in private and public life and be recognized as a protected group as minorities. Consequently, European countries intended to secure minority rights throughout Europe. The European Charter for Regional or Minority Languages aims to protect and promote language usage of minorities. Further, the Framework Convention for the Protection of National Minorities also serves as part of the Council of Europe’s commitment to foster this right.

Undoubtedly, regional or minority languages form part of European cultural heritage. The protection of these rights is the basis of a modern democracy as well. The Charter, drawn up on the basis of a text put forward by the Standing Conference of Local and Regional Authorities of Europe, was adopted as a convention on 25 June 1992 by the Committee of Ministers of the Council of Europe, and was opened for signature in Strasbourg on 5 November 1992. It entered into force on 1 March 1998. The implementation of the Charter is monitored by a committee of independent experts as well. In its preamble, the European Charter for Regional or Minority Languages emphasizes the dangers of minority languages becoming extinct and the need for their protection. It also declares the right to use of language as an inalienable right also secured by the United Nations’ ICCPR and also the values of the Council of Europe.

The language laws in Slovakia, particularly how they impact minorities specifically Hungarian minorities, are complex and are often tied to historical and political contexts hence need additional attention. The Slovak Law on the State Language, enacted in 2009 (amending the original Slovakian Language Law from 1995), aimed to promote the Slovak language in public life. While the law is intended to preserve the Slovak language as it stated that the Slovak language is the only official language and is required in all official communications. Article 10 of the Law even threatened with monetary sanctions for breaching its provisions. It has faced criticism for being restrictive towards minorities specifically Hungarian-speaking communities, especially in regions with significant ethnic Hungarian populations. Later, some articles were annulled by the Constitutional Court as being contrary to Article 34 of the Constitution. After the elections in 1998, the new Slovak government refused to amend the existing legal framework and chose to propose a new law for the use of the languages of the national minorities. It was adopted a year later against the will of the representatives of the Hungarian minority. It also annulled the SLL’s provision from 1995 concerning monetary sanctions. The amendment of the Language Law in 2009 introduced significant improvement in minority rights compared to previous times. It allowed the use of minority languages in municipalities where at least 20% of the population is part of that minority. It is also considered quite strict but was regarded as an improvement in contrast to the previous laws but the use of language for instance before courts remained unchanged. The law mandates the use of the Slovak language in official communications, education, and public services. It also includes sanctions for non-compliance, which some have argued disproportionately affects Hungarians which raised the tensions between the two countries politically.

European institutions and human rights organizations have expressed concern over potential discrimination against linguistic minorities, urging Slovakia to ensure that language legislation respects the rights of ethnic minorities. The Slovak Republic is part of the European Charter for Regional or Minority Languages in 2001 by signing and ratifying the Charter. It entered into force on 1 January 2002 which shall protect minority languages such as German, Czech and Hungarian as well. The report of the Council of Europe from 2016 examined the situation of minority rights in Slovakia and found that the country fails to adhere to the expectations of the Charter and that Slovakia needs to strengthen minority rights, specifically the use of language. The report also found that Hungarian minorities face a somewhat better situation than other minorities like Bulgarians or Polish people in Slovakia. The Committee of Ministers of the Council of Europe published recommendations also to their report where they prescribed an action plan for the strengthening of minority rights in Slovakia. These recommendations include six points of actions that the country needs to follow to comply with its obligations under the Charter.

Discussions around language laws has continued, especially in the context of changing political landscapes and relationships between Slovakia and Hungary. The current Slovak law states that Slovak texts must appear first when displaying public signs or advertisements but on public transports and official places like post offices are prohibited in minority languages. In the new draft proposal, there are still monetary sanctions for non-compliance with fines up to 15,000€ (20 times as much as before) for the use of a minority language. Despite the relationship of Hungary and Slovakia getting better in the past few years, the news of the language law amendment proposes even stricter regulation than the 2009 amendment.

The new draft does not only endanger the diplomatic relations of the two countries but also possibly hinders tourism and the Slovak competitiveness. All these measures are despite the Council of Europe’s constant criticism against the Slovakian measures endangering Hungarian minorities’ situation in Slovakia. In Slovakia, 8% of the population is Hungarian which is likely to be even more but due to the constant oppression of minorities in Slovakia, many fear to confess their minority status. Due to the large number of minorities, amendments in these minority rights mostly affect the Hungarian population of the country, hence cannot be disregarded. Experts predict that the new draft will hinder the Hungarian minority to use their language significantly. For example, they will not be able to talk to the bus driver or the post office worker in their own language even if the official speaks the same language. This affects the community relations also significantly. Currently, the debate is ongoing, and the Hungarian government seeks consultations to ensure the minority rights of Hungarians in Slovakia which hopefully can be resolved between the two countries.

Dorina BOSITS is a law student at the Széchenyi István University of Győr, Hungary, and an international finance and accounting graduate of the University of Applied Sciences of Wiener Neustadt, Austria. She is currently enrolled for an exchange semester at the Karl Franzes University of Graz, Austria. The main area of her research includes freedom of speech, digitalization, space law, data protection, and financial law. She is a student at the Law School of MCC and a member of ELSA Győr.