Linguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere. Other parameters for analyzing linguistic rights include the degree of territoriality, amount of positivity, orientation in terms of assimilation or maintenance, and overtness.Extra, G., and Yağmur, K. (2004). "Language rights perspectives".
Linguistic rights include, among others, the right to one's own language in legal, administrative and judicial acts, language education, and media in a language understood and freely chosen by those concerned.
Linguistic rights in international law are usually dealt in the broader framework of cultural and educational rights.
Important documents for linguistic rights include the Universal Declaration of Linguistic Rights (1996), the European Charter for Regional or Minority Languages (1992), the Convention on the Rights of the Child (1989) and the Framework Convention for the Protection of National Minorities (1988), as well as Convention against Discrimination in EducationConvention against Discrimination in Education, Article 5 and the International Covenant on Civil and Political Rights (1966).International Covenant on Civil and Political Rights, Article 27
History
Linguistic rights became more and more prominent throughout the course of history as language came to be increasingly seen as a part of nationhood. Although policies and legislation involving language have been in effect in early European history, these were often cases where a language was being imposed upon people while other languages or dialects were neglected. Most of the initial literature on linguistic rights came from countries where linguistic and/or national divisions grounded in linguistic diversity have resulted in linguistic rights playing a vital role in maintaining stability.Kymlicka, Will and Patten, Alan. (2003). "Introduction: Language Rights and Political Theory: Context, Issues and Approaches." In Will Kymlicka and Alan Patten (eds.), Language Rights and Political Theory(pp1-51): Oxford University Press. However, it was not until the 1900s that linguistic rights gained official status in politics and international accords.Bruthiaux, Paul. (2008). "Language rights in historical and contemporary perspective." Journal of Multilingual and Multicultural Development, 30(1), 73–85
Linguistic rights were first included as an international human right in the Universal Declaration of Human Rights in 1948.
Formal treaty-based language rights are mostly concerned with minority rights. The history of such language rights can be split into five phases.Skutnabb-Kangas, Tove, Phillipson, Robert, and Rannut, Mart. (1994). "Linguistic human rights: overcoming linguistic discrimination." Walter de Gruyter.
Pre-1815. Language rights are covered in bilateral agreements, but not in international treaties, e.g. Treaty of Lausanne (1923). Final Act of the Congress of Vienna (1815). The conclusion to Napoleon I's empire-building was signed by 7 European major powers. It granted the right to use Polish to Poles in Poznan alongside German for official business. Also, some national constitutions protects the language rights of national minorities, e.g. Austrian Constitutional Law of 1867 grants ethnic minorities the right to develop their nationality and language. Between World I and World War II. Under the aegis of the League of Nations, Peace Treaties and major multilateral and international conventions carried clauses protecting minorities in Central and Eastern Europe, e.g., the right to private use of any language, and provision for instruction in primary schools through medium of own language.Caporti, Francesco. (1979). "Study of the Rights of Persons Belonging to Ethnic, Religious and Linguistic Minorities." New York: United Nations. Many national constitutions followed this trend. But not all signatories provided rights to minority groups within their own borders such as United Kingdom, France, and US. Treaties also provided right of complaint to League of Nations and International Court of Justice. 1945–1970s. International legislation for protection of human rights was undertaken within infrastructure of United Nations. Mainly for individual rights and collective rights to oppressed groups for self-determination. Early 1970s onwards, there was a renewed interest in rights of minorities, including language rights of minorities. e.g. UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
Theoretical discussion
Language rights + human rights = linguistic human rights (LHR) Some make a distinction between language rights and linguistic human rights because the former concept covers a much wider scope. Thus, not all language rights are LHR, although all LHR are language rights. One way of distinguishing language rights from LHR is between what is necessary, and what is enrichment-oriented. Necessary rights, as in human rights, are those needed for basic needs and for living a dignified life, e.g. language-related identity, access to mother tongue(s), right of access to an official language, no enforced language shift, access to formal primary education based on language, and the right for minority groups to perpetuate as a distinct group, with own languages. Enrichment rights are above basic needs, e.g. right to learn foreign languages.
Individual linguistic rights The most basic definition of linguistic rights is the right of individuals to use their language with other members of their linguistic group, regardless of the status of their language. They evolve from general human rights, in particular: non-discrimination, freedom of expression, right to private life, and the right of members of a linguistic minority to use their language with other members of their community.Varennes, Fernand de. (2007). "Language Rights as an Integral Part of Human Rights – A Legal Perspective". In Koenig, Matthias, Guchteneire, Paul F. A. (eds), Democracy and human rights in multicultural societies (pp 115–125): Ashgate Publishing Ltd.
Individual linguistic rights are provided for in the Universal Declaration of Human Rights: Article 2 – all individuals are entitled to the rights declared without discrimination based on language. Article 10 – individuals are entitled to a fair trial, and this is generally recognized to involve the right to an interpreter if an individual does not understand the language used in criminal court proceedings, or in a criminal accusation. The individual has the right to have the interpreter translate the proceedings, including court documents. Article 19 – individuals have the right to freedom of expression, including the right to choose any language as the medium of expression. Article 26 – everyone has the right to education, with relevance to the language of medium of instruction. Linguistic rights can be applied to the private arena and the public domain.
Private use of language Most treaties or language rights documents distinguish between the private use of a language by individuals and the use of a language by public authorities. Existing international human rights mandate that all individuals have the right to private and family life, freedom of expression, non-discrimination and/or the right of persons belonging to a linguistic minority to use their language with other members of their group. The United Nations Human Rights Committee defines privacy as: ... the sphere of a person's life in which he or she can freely express his or her identity, be it by entering into relationships with others or alone. The Committee is of the view that a person's surname [and name] constitutes an important component of one's identity and that the protection against arbitrary or unlawful interference with one's privacy includes the protection against arbitrary or unlawful interference with the right to choose and change one's own name. This means that individuals have the right to have their name or surname in their own language, regardless of whether the language is official or recognised, and state or public authorities cannot interfere with this right arbitrarily or unlawfully.
Linguistic rights in the public domain The public domain, with respect to language use, can be divided into judicial proceedings and general use by public officials.
According to Article 10 of the Universal Declaration of Human Rights, individuals have the right to a fair trial. Therefore, in the name of fairness of judicial proceedings, it is an established linguistic right of an individual to an interpreter when he or she does not understand the language used in criminal court proceedings, or in a criminal accusation. The public authorities must either use the language which the individual understands, or hire an interpreter to translate the proceedings, including court cases.
General use by public officials can cover matters including public education, public radio and television broadcasting, the provision of services to the public, and so on. It is often accepted to be reasonable and justified for public officials to use the language of minorities, to an appropriate degree and level in their activities, when the numbers and geographic concentration of the speakers of a minority language are substantial enough. However, this is a contentious topic as the decision of substantiation is often arbitrary. The International Covenant on Civil and Political Rights, Article 26, does promise to protect all individuals from discrimination on the grounds of language. Following that, Article 27 declares, "minorities shall not be denied the right... to use their own language".Office of the United Nations High Commissioner for Human Rights. "International Covenant on Civil and Political Rights". March 23, 1976 The Convention against Discrimination in Education, Article 5, also does declares the rights for minorities to "use or teach their own language".Convention against Discrimination in Education, Article 5, (c)
Collective linguistic rights Collective linguistic rights are linguistic rights of a group, notably a language group or a state. Collective rights mean "the right of a linguistic group to ensure the survival of its language and to transmit the language to future generations".Chen, Albert H. Y. "The Philosophy of Language Rights." Language Sciences, 20(1), 45–54. Language groups are complex and more difficult to demarcate than states.Coulmas, Florian. (1998). "Language Rights – Interests of State, Language Groups and the Individual." Language Sciences,20(1), 63–72. Part of this difficulty is that members within language groups assign different roles to their language, and there are also difficulties in defining a language. Some states have legal provisions for the safeguard of collective linguistic rights because there are clear-cut situations under particular historical and social circumstances.
Collective linguistic rights apply to states because they express themselves in one or more languages. Generally, the language régime of states, which is communicated through allocation of statuses to languages used within its boundaries, qualifies linguistic rights claimed by groups and individuals in the name of efficient governance, in the best interest of the common good. States are held in check by international conventions and the demands of the citizens. Linguistic rights translate to laws differently from country to country, as there is no generally accepted standard legal definition.Paulston, Christina Bratt. "Language Policies and Language Rights". Annual Review Anthropology, 26, 73–85.
Territoriality vs. personality principles