Legal Instruments to Promote and Protect Linguistic Rights

Legal Instruments Legal Instruments to Promote and to Promote and

Protect Linguistic Protect Linguistic Rights Rights

I International legal I International legal InstrumentsInstruments

International Legal International Legal InstrumentsInstruments

Early provisions concerning the Early provisions concerning the status of linguistic minorities were status of linguistic minorities were made at the end of the First World made at the end of the First World War.War.

The treaties obliged the state to The treaties obliged the state to respect and, in some cases, even to respect and, in some cases, even to support the use of minority support the use of minority languages in private and publiclanguages in private and public


However, it was only after the Second However, it was only after the Second World War, that linguistic rights have World War, that linguistic rights have explicitly been understood as a explicitly been understood as a component of universal component of universal human rightshuman rights

On 18 December 1992 the UN On 18 December 1992 the UN General Assembly has adopted the General Assembly has adopted the Declaration on the Rights of Persons Declaration on the Rights of Persons Belonging to National or Ethnic, Belonging to National or Ethnic, Religious and Linguistic MinoritiesReligious and Linguistic Minorities..


International Conventions and Declarations on Linguistic International Conventions and Declarations on Linguistic Rights under the United NationsRights under the United Nations

19481948 Universal Declaration of Human rights (UDHR) Universal Declaration of Human rights (UDHR) 19571957 The International Labour Organization Convention (No. 107) The International Labour Organization Convention (No. 107)

Concerning the Protection and Integration of Indigenous and other Concerning the Protection and Integration of Indigenous and other Tribal and Semi-Tribal Populations in Independent Countries Tribal and Semi-Tribal Populations in Independent Countries

19601960 UNESCO Convention Against Discrimination UNESCO Convention Against Discrimination 19661966 International Covenant on Civil and Political Rights (ICCPR) International Covenant on Civil and Political Rights (ICCPR) 19661966 International Convention on the Elimination of All Forms of International Convention on the Elimination of All Forms of

Racial Discrimination Racial Discrimination 19891989 International Labour Convention (No. 169) Concerning the International Labour Convention (No. 169) Concerning the

Indigenous and Tribal Peoples in Independent Countries Indigenous and Tribal Peoples in Independent Countries 19891989 Convention on the Rights of the Child Convention on the Rights of the Child 19921992 Declaration on the Rights of Persons Belonging to National Declaration on the Rights of Persons Belonging to National

or Ethnic, Religious and Linguistic Minorities (UN Declaration) or Ethnic, Religious and Linguistic Minorities (UN Declaration) 19931993 Vienna Declaration and Programme of Action Vienna Declaration and Programme of Action


Everyone is entitled to all the rightsEveryone is entitled to all the rights and freedoms set forth in this and freedoms set forth in this Declaration, without distinctions of Declaration, without distinctions of any kind, such as race, colour, sex, any kind, such as race, colour, sex, languagelanguage, religion, political or other , religion, political or other opinion, national or social origin, opinion, national or social origin, property, birth or other status property, birth or other status (General Assembly Resolution 217 A (General Assembly Resolution 217 A III).III).


The States Parties to this Convention agree that: The States Parties to this Convention agree that: [...] It is [...] It is essential to recognize the right of members essential to recognize the right of members of national minoritiesof national minorities to carry on their own to carry on their own educational activities, including the maintenance of educational activities, including the maintenance of schools and, depending on the educational policy of schools and, depending on the educational policy of each State, each State, the use of the teaching of their own the use of the teaching of their own languagelanguage, provided however: , provided however: That this right is not That this right is not exercised in a manner which prevents the members exercised in a manner which prevents the members of these minorities from understanding the culture of these minorities from understanding the culture and language of the community as a whole and from and language of the community as a whole and from participating in its activities, or which prejudices participating in its activities, or which prejudices national sovereignty [...]national sovereignty [...] (UNTS, vol. 429: 93). (UNTS, vol. 429: 93).


In those states in which ethnic, In those states in which ethnic, religious or religious or linguistic minorities existlinguistic minorities exist, , persons belonging to such minorities persons belonging to such minorities shall not be denied the rightshall not be denied the right, in , in community with other members of their community with other members of their group, to enjoy their own culture, to group, to enjoy their own culture, to profess and practice their own religion, profess and practice their own religion, or or to use their own languageto use their own language (UNTS, (UNTS, vol. 999: 171 and UNTS, vol. 1057: vol. 999: 171 and UNTS, vol. 1057: 407).407).


The UN Declaration goes beyond the principles of The UN Declaration goes beyond the principles of non-discrimination and equality by obliging the state non-discrimination and equality by obliging the state to pro-actively protect and promote the identity of to pro-actively protect and promote the identity of minoritiesminorities

States shall protect the existence and the national or States shall protect the existence and the national or ethnic, cultural, religious and ethnic, cultural, religious and linguistic identity of linguistic identity of minorities within their respective territoriesminorities within their respective territories, and shall , and shall encourage conditions for the promotion of that encourage conditions for the promotion of that identity (UN General Assembly Resolution 47/135).identity (UN General Assembly Resolution 47/135).

States shall take measures to create favourable States shall take measures to create favourable conditions to conditions to enable persons belonging to minorities enable persons belonging to minorities to express their characteristicsto express their characteristics and to develop their and to develop their culture, culture, languagelanguage, religion, traditions and customs, , religion, traditions and customs, except where specific practices are in violation of except where specific practices are in violation of national law and contrary to international standards.national law and contrary to international standards.


The UN Declaration unambiguously obliges the State to The UN Declaration unambiguously obliges the State to allow allow privateprivate language use in private, in public and in language use in private, in public and in collective action.collective action.

With regard to education, for instance, it provides in Article With regard to education, for instance, it provides in Article 4(3.) and 4(4.): 4(3.) and 4(4.): (3.) States should take appropriate measures so that, (3.) States should take appropriate measures so that, wherever possible, persons belonging to wherever possible, persons belonging to minorities have minorities have adequate opportunities to learn their mother tongueadequate opportunities to learn their mother tongue or to or to have instruction in their mother tongue.have instruction in their mother tongue. (4.) (4.) States shouldStates should, where appropriate, , where appropriate, take measures in the take measures in the field of educationfield of education, in order , in order to encourage the knowledge ofto encourage the knowledge of the history, traditions, the history, traditions, languagelanguage and culture of the and culture of the minorities existing within their territory. Persons belonging minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain to minorities should have adequate opportunities to gain knowledge of the society as a whole.knowledge of the society as a whole.


On the European level, a similar On the European level, a similar understanding of linguistic rights understanding of linguistic rights has emerged during the past has emerged during the past decades. Thus, the Council of decades. Thus, the Council of Europe has adopted the European Europe has adopted the European Charter for Regional or Minority Charter for Regional or Minority Languages on 2 December 1992.Languages on 2 December 1992.


There are three ideal types of language There are three ideal types of language policies: assimilationist, differentialist and policies: assimilationist, differentialist and multicultural language policy models.multicultural language policy models.

The The assimilationistassimilationist model of language model of language policy is guided by the ideal of policy is guided by the ideal of monolinguism.monolinguism.

The The differentialistdifferentialist (or (or exclusionistexclusionist) model ) model of language policies systematically of language policies systematically excludes linguistic minorities.excludes linguistic minorities.

The The multiculturalmulticultural (or (or pluralistpluralist) model of ) model of language policies aimed at political power-language policies aimed at political power-sharing and an equal participation of sharing and an equal participation of linguistic minorities in the public sphere,linguistic minorities in the public sphere,

II Linguistic Rights in II Linguistic Rights in Canada Canada

Linguistic Rights in Linguistic Rights in CanadaCanada

Article 16 Article 16 1.1. English and French are the official English and French are the official

languages of Canadalanguages of Canada and have equality of and have equality of status and equal rights and privileges as to status and equal rights and privileges as to their use in all institutions of the Parliament their use in all institutions of the Parliament and government of Canada. and government of Canada.

2. 2. English and French are the official English and French are the official languages of New Brunswicklanguages of New Brunswick and have and have equality of status and equal rights and equality of status and equal rights and privileges as to their use in all institutions of privileges as to their use in all institutions of the legislature and government of New the legislature and government of New Brunswick.Brunswick.


Article 23 Article 23 1. 1. Citizens of Canada: Citizens of Canada: (a) whose first language learned and still (a) whose first language learned and still

understood is that of the English or French understood is that of the English or French linguistic minority population of the province in linguistic minority population of the province in which they reside, or which they reside, or

(b) who have received their primary school (b) who have received their primary school instruction in Canada in English or French and instruction in Canada in English or French and reside in a province where the language in which reside in a province where the language in which they received that instruction is the language of they received that instruction is the language of the English or French linguistic minority the English or French linguistic minority population of the province, population of the province, have the right to have have the right to have their children receive primary and secondary their children receive primary and secondary school instruction in that language in that school instruction in that language in that province.province.


Increases in Immigration led to the adoption Increases in Immigration led to the adoption of of the "policy of multiculturalism within a the "policy of multiculturalism within a bilingual framework" in 1971, confirmed by bilingual framework" in 1971, confirmed by the 1988 Multiculturalism Act:the 1988 Multiculturalism Act:

33.. (1) (1) It is hereby declared to be the policy of It is hereby declared to be the policy of the Government of Canada tothe Government of Canada to

(i) preserve and enhance the use of languages (i) preserve and enhance the use of languages other than English and French, while other than English and French, while strengthening the status and use of the strengthening the status and use of the official languages of Canada; andofficial languages of Canada; and

(j) advance multiculturalism throughout (j) advance multiculturalism throughout Canada in harmony with the national Canada in harmony with the national commitment to the official languages of commitment to the official languages of Canada.Canada.


In Canada, the case of Quebec illustrates In Canada, the case of Quebec illustrates some problems of multicultural language some problems of multicultural language policies within a bilingual framework.policies within a bilingual framework.

The The Official Language ActOfficial Language Act of 1974, also of 1974, also known as known as Bill 22Bill 22 is an act of the National is an act of the National Assembly of Quebec which made French Assembly of Quebec which made French the sole official language of Quebec, a the sole official language of Quebec, a province of Canada. It was ultimately province of Canada. It was ultimately supplanted by the Charter of the French supplanted by the Charter of the French Language (also known as Bill 101) in 1977.Language (also known as Bill 101) in 1977.

ReferencesReferences

http://http://en.wikipedia.org/wiki/New_Brunswicken.wikipedia.org/wiki/New_Brunswick [02.07.2006][02.07.2006]

http://lois.justice.gc.ca/en/C-18.7/text.htmlhttp://lois.justice.gc.ca/en/C-18.7/text.html [02.07.2006][02.07.2006]

http://http://www.unesco.org/most/lncanada.htmwww.unesco.org/most/lncanada.htm [02.07.2006] [02.07.2006]

Koenig, Matthias: Koenig, Matthias: Democratic Governance in Democratic Governance in Multicultural SocietiesMulticultural Societies, Social Conditions for the , Social Conditions for the Implementation of the International Human Rights Implementation of the International Human Rights through Multicultural Policies. Institute for Socioligy through Multicultural Policies. Institute for Socioligy – University of Marburg, Germany. – University of Marburg, Germany. http://www.unesco.org/most/ln2pol2.htmhttp://www.unesco.org/most/ln2pol2.htm [02.07.2006][02.07.2006]

Documents

Legal Instruments to Promote and Protect Linguistic Rights