Summery of the "Juridical Veredict about the asturian language in the education system"
The Advisory Council of Lawyers for Asturian1.
In this section the process of incorporation of the regional languages to the
education system in Balearic Islands, Catalonia, Galicia., the Biscay country
and Valencia is studied .
2.
In it, the process, exceptional and discriminatory , of the incorporation of
the regional language to the
system of education in Asturias.
3.
Here we give a description of the current situation of the Asturian language
in the education system .
4.
Analyzes the non-fulfilment of the
mandates of the European Charter for Regional
or Minority languages in the
education system in Asturias.
5.
Collects and dismantles the arguments of a false political debate of the
voluntarily learning of the
regional language .
6.
Summery of the study in the following text:
“6.
SUMMERY AND CONCLUSIONS .
I.-
In the process of incorporation of the regional languages to the system of
education , the State of Spain discriminated the Asturian language giving it a
voluntary treatment in Primary an Secondary education, not incorporating it to
Pre-school and Professional Formation education, avoiding the recognition of the
pupil’s right to be educated in Asturian, not valuing its knowledge in
university entrance exams and not facilitating its presence in it, while for
Catalonian, Biscay and Galician established a normal subject system, together
with the right to be educated in it, in all the pre-university education steps,
its valuing in university entrance and its presence in it a philology speciality
and a vehicle in teaching of varied subjects. The discrimination has no
justification whatsoever since the incorporation of the Spanish regional
languages to the education system is sustained in its condition of
cultural asset and the Asturian language is so much a cultural asset as
Catalonian, Biscay language or
Galician.
II.-
The transference of education competences to different Autonomic Communities
does not change the condition of minimizing the Asturian language since each of
them confirms the model collected by the Central Administration. On the other
hand, the Asturian autonomic authorities are characterized for looking for the
division of the Asturian language, in its varieties , while the rest of the
communities work for the normalization of their languages incorporating their
varieties. Also by not fulfilling in practise the programmatic and legal
declarations they have made
(article 4 of the statute of Autonomy and 9 to 11 of the Law of the Principality
of Asturias 1/98), on the contrary to what they did in other Autonomous
Communities by developing them as
far as possible.
III.-
On its behalf , the State continued deepening in the impoverishing of the
Asturian language denying it the condition of an official language which it
recognized to all the rest of the languages in the corresponding Organic Laws of
approval of the different Statutes of Autonomy, for next giving it in the
Organic Education Laws and other laws of a basic character, also in
the selection of personnel, a different treatment to the official
regional languages ( all the others) and to which it does not want to recognize
such condition (the Asturian)
IV.-
The consequence of an unjustified different treatment, discrimination in
conclusion, of the Asturian language in the
education area and during 32 consecutive years (the process commenced in
1975) it is evident, not only in the shameful social reality ( the Asturian
language comes to being at a starting point imposed in the last few years of
Franco’s dictatorship: incorporation, as an experience, of the voluntary
learning of the language) but that it is also materialised in a clear
non-fulfilment normative on behalf of the public authorities of the Autonomic
Community and the Spanish State. So:
First.-
In all pre-school centres in Asturias the articles 10.1 of the law 1/98, of
March the 3d , of use and promotion of the Asturian dialect are breached .
Second.-
In all Professional Formation Centres in Asturias the articles 10.1 of Law 1/98
of 23d of March , of use and promotion of the Asturian dialect are breached.
Third.-
In most private centres, including concerted centres, Primary and Secondary
Schools in Asturias the articles 10.1 of the Law 1/98, of the 23d of March, of
the use and promotion of the Asturian dialect are breached.
Forth.-
In the teaching of adults the article 10.2 of the Law 1/98, of the 3d of March,
of the use and promotion of the Asturian dialect is breached .
Fifth.-
In all the Secondary school centres in Asturias the article 10.3 of the Law
1/98, of the 23d of March, of the use and promotion of the Asturian dialect is
breached.
Sixth.-
In all pre-school centres in Asturias article 8.1.a) of the European Charter for
Regional or Minority Languages is breached.
Seventh.-
In all the Primary school centres
in Asturias, sections i) ii) and iii) of article 8.1.b), of the European Charter
for Regional or Minority languages is breached.
Eighth.-
In most concerted and private centres of Primary
schools in Asturias section iv), of article 8.1.b), Of the European
Charter for Regional or Minority
languages is breached.
Ninth.-
In all centres of Secondary schools in Asturias sections i), ii), iii), of
article 8.1 c) of the European Charter for
Minority or Regional languages is breached
Tenth.-
In most private and concerted centres of Secondary schools section iv), of
article 8.1c.), of the European Charter for Regional or Minority languages.
Eleventh.-
In all centres Of Professional Formation in Asturias article 8.1.e), of the
European Charter for Regional or Minority languages is completely breached.
Twelfth.-
In the Asturian University article 8.1.e), of the European Charter for Regional
or Minority languages is totally breached.
Thirteenth.-
in the formation of adults in Asturias article 8.1.f), of the European Charter
for Regional or Minority languages is totally breached.
Fourteenth.-
In all education steps in Asturias article 8.1.g), of the European Charter for
Regional and Minority languages is breached.
Fifteenth.-
The Asturian education authorities breach article 8.1.h), of the European
Charter for Regional or Minority languages.
Sixteenth
.- The Asturian education authorities breach
article 8.1.i), of the European Charter for Regional or Minority languages.
V.-
In conclusion, the Spanish State, in its obligation to foment the Asturian
language breaches all the sections of article 8 (education) of the European
Charter for Regional or
Minority languages and with it the nine dispositions of such a norm that in its
Instrument of Ratification made a
commitment to respect and, what is even worse , the minimum demanded to any
country ratifying in its article 2.2, the respect of at least three of its
dispositions amongst what article 8 contains..
VI.- Besides , the Spanish State does not fulfil two other commitments which it assumed with the ratification of the European Charter for Regional or Minority languages: the respect of at least the 69 for all the languages specified in its instrument o f Ratification and the 35 commitments of the whole legislation demanded in its article 2.2 from any ratifying State” .