Official Language Policy in Public Service and Education
Language Skills in Public Administration
Requiring specific language skills for access to public service need not be contrary to the principle of equality. If the Administration, by constitutional mandate, must ensure the use of two languages, then language skills are integrated into the core of the principle of capacity, like any other knowledge requirement suitable for professional work. Without officials possessing these language skills, the Administration could not meet its constitutional mandate.
This dual language proficiency requires a nuanced response. The accreditation of mastery of the official language of an Autonomous Region can be a real barrier to the free movement and equality of Spanish citizens who do not possess this knowledge. Focusing on the principle of freedom, we must choose an objective solution that facilitates the constitutional mandate of official bilingualism while being least restrictive of freedom of movement and equality.
Not all officials and all jobs necessarily require regional language proficiency. The administrative organization should consider that not everyone has the same external communication projection. This, however, does not preclude a comprehensive policy to foster understanding of the official language for all officials within these administrations. Knowledge of the Autonomous Community’s language is a responsibility of the regional government as a whole, but not necessarily an individual requirement for every official.
Proportionality and Linguistic Profiles
This requirement must be assessed in light of the principle of proportionality, to meet the needs of the officials’ tasks or the workplace. Preference should be given to non-exclusive procedures (e.g., accreditation of knowledge could be granted a posteriori) and required during the job provision process, rather than at the point of entry into civil service (it is not the same to be unable to join the civil service as to be unable to access a particular position).
This requires explicit and comprehensive linguistic requirements and grading. At present, employment relations are a basic technique for public employment management, which determines the “linguistic profile” of each position.
Education and Official Bilingualism
Education is one of the most sensitive areas of an organization because multilingualism is a fundamental means of acquiring and improving language skills, and it is a primary area for the practice of language rights, holding high symbolic value regarding the public legal status of languages.
The Constitution of 1978, unlike that of 1931, has been largely silent on this issue, except for a brief reference to “promoting language teaching in the region” as a regional competence. Despite this silence, it is bound by the general principles and limits arising from Article 3 of the Spanish Constitution (CE).
Linguistic Models in Schools
There can be several formulas to articulate freedom of language and the right to education within a multilingual system. In all cases, the linguistic model for schools should primarily address two issues:
- Vehicular Language: In which language is instruction provided? This typically presents no special difficulties.
- Taught Languages: Which languages are taught? We propose two basic solutions:
- Language Separation: This implies the existence of a dual education network where each network uses one official language as the vehicular language, while the other official language is taught as a subject. When elective, this approach is considered a freedom-friendly formula for language choice.
- Language Combination (Bilingualism): This formula implies a partial sacrifice of the freedom to choose the language of instruction, as there is no possibility of choice. Both co-official languages are used simultaneously as vehicular languages within a single school network or specific lines.