Linguistic rights

Linguistic rights protect the individual and collective right to choose one’s language or languages for communication both within the private and the public spheres.  They include the right to speak one’s own language in legal, administrative and judicial acts, the right to receive education in one’s own language, and the right for media to be broadcast in one’s own language.  For minority groups the opportunity to use one’s own language can be of crucial importance, since it protects individual and collective identity and culture as well as participation in public life.

Although Article 27 of the International Covenant on Civil and Political Rights ensures that linguistic minorities can use their own languages in their community, problems often exist at national level.  Whilst states are permitted to adopt a national language, and may adopt more than one, they cannot discriminate against minority languages that are not officially recognised. States have often restricted official use of minority languages due to the idea that it is ‘necessary’ to use only specified languages.  This can create a distinction between groups that do have their languages recognised – who are often ‘majority’ groups – and those that do not. This is exactly what anti-discrimination measures aim to prevent.  Yet it has taken a long while for restrictions on language to be viewed as discrimination, and the protection afforded to minority groups is still inadequate.

Restrictions on language rights can also impede minority groups indirectly.  Rules may prevent those who do not speak the national language from running for political posts, thus contradicting international obligations guaranteeing free elections. They may also result in court proceedings being grossly unfair, as they can be conducted in a language which certain people are not familiar with.  During consultations with the state, minority groups may also suffer as the government may insist that discussions are carried out in the national language, often resulting in lack of dialogue and understanding for the minority. Children may also suffer as they may be taught in a language with which they are unfamiliar. Governments have even restricted the use of certain names, thereby not allowing minority groups to enjoy traditional cultural practices and breaching their right to a private and family life.

Instruments protecting linguistic rights

International instruments:

• Article 2, Universal Declaration of Human Rights
• Article 27, International Covenant on Civil and Political Rights

• Articles 17, 29, 30 and 40, Convention on the Rights of the Child
• Articles 13, 14 and 16, United Nations Declaration on the Rights of Indigenous Peoples
• UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
• UNESCO Universal Declaration on Cultural Diversity

Regional instruments:

• Article 2, African Charter on Human and Peoples’ Rights
• Article 1, American Convention on Human Rights (Pact of San Jose)
• Articles 5, 6 and 14, European Convention on Human Rights
• Article 19 and Part V Article E, European Social Charter (revised)
• Articles 1 to 14, European Charter for Regional or Minority Languages

Relevant jurisprudence

• Mavlonov and Sa’di v Uzbekistan, Human Rights Committee 2004
• Skender v the Former Yugoslav Republic of Macedonia, Human Rights Committee, 2001

Regional cases:

• Oršuš and Others v Croatia, European Court of Human Rights, 2010
• Roman Angonese v Cassa de Risparmio di Bolzano, European Court of Justice, 1998
• Comunidad Yanomami, Case No.7615, Inter-American Commission on Human Rights, 1985
• ‘Belgian Linguistic’ case, European Court of Human Rights, 1968

Domestic cases:

• Head of Department: Mpumalanga Department of Education and Another v. Hoerskool Ermelo and Another, Constitutional Court of South Africa, 2009
• Malawi African Associations and Others v. Mauritania, African Commission on Human and Peoples’ Rights, 2000

Photo: Demonstration in Tripoli, Libya, for the right to use Amazigh language. Credit: Essa Elhamise.