-48
provide written materials in the range of languages used in a particular
prison. These standards are reiterated in the European rules for juvenile
offenders subject to sanctions or measures. In addition, they provide for
special steps to be taken to offer language courses to juveniles who are not
proficient in the official language.
In the case of Rooman v. Belgium, the Grand Chamber of the ECtHR found that
although the ECHR did not guarantee a detainee the right to treatment in his
or her own language, as regarding psychiatric treatment, the purely linguistic
element could prove to be decisive as to the availability or the administration
of appropriate treatment. This is why the ECtHR found a number of violations
due to the lack of such treatment in the applicant’s own language.90
Specific standards:
• ILO Convention N°169, articles 8, 9, 10
• United Nations Declaration on the Rights on Indigenous
Peoples, articles 5, 8.1, 34, 35
• Declaration on the Rights of Persons Belonging to National or
Ethnic, Religious and Linguistic Minorities
• Framework Convention for
Minorities, Council of Europe
the
Protection
of
National
Additional readings:
• Minority Rights: International Standards and Guidance for
Implementation, HCDH
• Annual report 2004, Special Rapporteur on the rights of indigenous
peoples, E/CN.4/2004/80
• Sixth Annual Report of the Subcommittee on Prevention of Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment,
CAT/C/50/2, 23 Apr. 2013
• Report by the United Nations Independent Expert on Minority
Issues, A/HRC/22/49/Add.1, 2012
• Effective Promotion of the Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic
Minorities, Special Rapporteur on minority issues, A/70/212,
30 July 2015
90. ECtHR, Rooman v. Belgium, No. 18052/11, Grand Chamber judgment of 31 January 2019.
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