Language Research

1. Legislation: Legislation dealing with the use of languages

Swiss Language Legislation (Sprachenrecht) comprises both federal laws (i.e. laws applicable for the country as such) and bylaws applicable in particular cantons and districts (Gemeinde – an administration unit smaller than a canton). The following are valid at the federal level:

Constitution Of The Swiss Confederation (May 29, 1874, revised April 20, 1999)

The Federal Act on Financial Aid to Support and Protect Romansh and Italian Language and Culture (October 6, 1995) stipulates financial aid to the Canton of Graubünden to support and protect the Romansh and Italian language and culture and to the Canton of Ticino to support and protect the Italian language.

The Federal Act on Radio and Television Broadcasting (SR 784.40, stand am Oktober 14, 1997) proscribes that the Swiss Broadcasting services produce regional-language programs. The Swiss State Broadcaster RSG takes into account the unique character of the country and the requirements of its cantons to produce radio programs for all regions in their national languages.

The Publication Act (SR 170.512) proscribes publishing the Collection of Laws in three official languages. Art. 8 stipulates that internal and international agreements quoted or referred to in the Collection of Laws, which are only indirectly binding, do not have to be translated into all official languages or do not have to be translated at all based on the Federal Council decision.

The Federal Act on Administration Procedures, Article II, General Regulations (SR172.021) requires that the Federal Administration hold proceedings in the language in which an application by the parties has been made. Cantonal Administration apply the language required by the cantonal legislation.

The Federal Act on Civil Proceedings and Criminal Proceedings (SR 273) obliges the judge and parties to use one of the Swiss national languages. If required, the judge may order a translation.

The Act on Federal Legal Care (SR 173.110) stipulates that all legal documents are to be written in one of the national languages. Judgments are usually written in the language of the Court. If the parties speak other official languages, the report may be prepared in these languages, as well. Direct litigation takes into account the languages of the participating parties.

Top of page

Updated (December 2002)

PRELIMINARY TEXT OF THE LAW ON LANGUAGES

Aiming to overcome the contents of the constitutional provisions on languages and their role within the Swiss Confederation, in 1998, a joint federal and cantonal working party was set up to prepare a Law on Languages. This law should implement the mandates of the Constitution (mainly Article 4), lay down the principles of the Confederation as regards language policy, regulate the use of the official languages and promote a multilingual education in order to facilitate the mutual knowledge of these languages.

The draft law includes, as laid down in the new Swiss Constitution (1999, Article 70), the declaration of Romansh as the official language in the community when dealing with the administration. Similarly, it also incorporates the contents of the Law on the Special Promotion of this language alongside Italian.

Provided that the Confederation does not have powers in educational matters, it is up to the cantons to implement the law when it comes into force. According to the last census (2000), both French and German gained ground with respect to the other languages whereas Romansh was ranked the tenth language according to the number of speakers, behind such languages as Serbo-Croatian, Albanian, English or Turkish.

Source: Mercator News, November 2002, http://www.ciemen.org/mercator/index-gb.htm

Top of page

Updated (October 2003)

PUBLIC BROADCASTING

In such a multicultural society as Switzerland, freedom of language use and freedom of the media are guaranteed by the Swiss Federal Constitution in Article 93 (3). Accordingly, no language restrictions are established for private broadcasting.

Public broadcasting is realized by the Swiss Broadcasting Corporation (SBC), which is responsible for a national public service encompassing seven TV channels and eighteen radio stations.

SBC Charter defines the number of radio and TV stations that SBC may operate. Each region (German, French and Italian) has three radio stations and there is also one radio station for the Romansch-speaking (Rheto-Roman) area. The three regions have one television channel each and all of them must broadcast programs in Romansch. It must be complemented with one supplementary local language television channel in each region.

The Charter also lays down a programming mandate, which SBC must fulfill in all its radio and television schedules:

To promote understanding, cohesion and exchange between the different parts of the country

To consider the non-Swiss population and support contact with the Swiss residents abroad

Source: Media Legislation, Minority Issues and Implications for Latvia by Leonid Raihman, January 20, 2003, http://www.policy.hu/raihman/PolicyPaper.htm

Top of page

Updated (June 2004)

THE SWISS LANGUAGE LAW PUT ON ICE

The Swiss government has recently postponed a planned language bill, which would have included a variety of measures promoting linguistic diversity in the country.

The new Language Law wanted to introduce different exemplary measures that would protect the unique and diverse linguistic character of Switzerland. These included generous funding for joint inter cantonal education programs; minority protection measures in bi/multilingual cantons (particularly in the mixed language communities along the linguistic boundary); special assistance for the endangered Romansh language in the Canton of Graubünden/Grischun/Grigioni and, most importantly, the establishment of a Language Strategy and Research Center to coordinate projects and to function as a think tank on linguistic issues.

Despite the fact that the law was almost prepared, the Federal Council (Bundesrat), consisting of the eight ministers, pulled the plug on funding at the last minute. Although financial constraints in this year's budget may have been the decisive factor, some media reports suggested that the right wing Swiss People's Party (SVP), currently represented in the government with two ministers, might have also rejected the bill for political reasons.

This decision of the government was strongly criticized by various groups and organizations. The Swiss Assembly of Headmasters, a group representing educational institutions across the country, protested as it would have benefited from additional funding for second language teaching. Especially in the German speaking part of Switzerland, English is increasingly taught as the second language ahead of French, a national language of Switzerland.

The four bi/multilingual cantons of Switzerland: Bern/Berne, Fribourg/Freiburg, Valais/Wallis and Graubünden/Grischun/Grigioni, were all strongly supporting the bill, not only hoping for additional funds to maintain and expand already existing language programs, but also arguing that the establishment of a coordinated language policy will strengthen Swiss unity and identity.

The representatives of “Lia Rumantscha”, an umbrella organization for the Romansh-language speakers, were also disappointed about this decision. Romansh is the sole endangered autochthonous language in Switzerland spoken only by a few thousand people in the central and eastern valleys of Graubünden/Grischun/Grigioni.

The Forum for Bilingualism, a unique organization that primarily promotes bilingualism in the largest officially bilingual German/French speaking town of Biel/Bienne, also expressed its disappointment. Biel/Bienne and Fribourg/Freiburg were considered prime candidates for the planned Swiss Language Center.

Source: Eurolang News, Biel/Bienne, June 9, 2004, by Peter Josika, http://www.eurolang.net/news.asp?id=4611

Top of page

Updated (June 2008)

NEW LANGUAGE LAW

In October 2007, the Swiss Parliament approved a new Language Law. The main tasks of the law are:

1. To develop guidelines on the use of the official languages in the federal administration;

2. To support student exchanges;

3. To establish scientific institution on multilingualism;

4. To support multilingual cantons, and

5. To promote Romansh and Italian in the country.

Source: Council of Europe/ERICarts: “Compendium of Cultural Policies and Trends in Europe”, 9th edition 2008. www.culturalpolicies.net

Top of page