Discussion: Minority Language Rights in Northern Catalonia

Author(s):  
James Hawkey
Author(s):  
Alan Patten

This chapter explores the justification of minority language rights. It argues that equal recognition ought to play a key role in thinking about the justification of minority language rights, and that disputes about language rights ought to be examined from the perspective of what was called “full liberal proceduralism.” From this perspective, the mere fact that some minority language is doing poorly does not by itself ground a legitimate complaint of injustice by speakers of that language. But minority speakers do have a complaint if their language fares poorly in a context in which it is disfavored by public institutions. There is no right to language preservation, but there is a strong, pro tanto claim for equal recognition, a claim that can be considered a right in the absence of defeating countervailing considerations.


2016 ◽  
Vol 23 (4) ◽  
pp. 429-453 ◽  
Author(s):  
Balázs Vizi

Territorial principle emerges not only in domestic legislations on language rights, but also in international documents. The article aims at offering an overview of the interpretations of territoriality in international documents relevant for minority language rights, with a special focus on the European Charter for Regional and Minority Languages and the Framework Convention for the Protection of National Minorities. While states often use territorial requirements as a tool of political control over minority language use, the interpretation of their obligations under the two Council of Europe treaties would require a more practical and technical approach to territorial limitations.


2001 ◽  
Vol 50 (1) ◽  
pp. 90-120 ◽  
Author(s):  
Robert Dunbar

The provision of legislative or other legal protection for linguistic minorities is widespread in domestic legal systems.1 In international law, and in international human rights law in particular, the question of minority language rights has until recently received much less attention. The entry into force on 1 March 1998 of the Council of Europe's European Charter for Regional or Minority Languages (the “Minority Languages Charter”), the first international instrument directed solely at the question of language, suggests that the situation may be changing.


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