scholarly journals Minorities as citizens: The legal advocacy of language rights by the Hungarian minority in Romania

2021 ◽  
Author(s):  
Beáta Huszka
Keyword(s):  
Language Rights ◽  
Legal Advocacy

Trans Rights Are Not Just Human Rights: Legal Strategies for Trans Justice

2020 ◽  
Vol 35 (2) ◽  
pp. 293-315 ◽  
Author(s):  
Samuel Singer
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Social Benefits ◽  
Human Rights Law ◽  
Trans People ◽  
Legal Challenges ◽  
Legal Advocacy ◽  
And Gender ◽  
Legal Strategies ◽  
The Many

AbstractHuman rights instruments are but one of many legal advocacy tools used by trans people. Recent legal scholarship emphasizes that human rights laws are not sufficient to address legal challenges facing trans people, particularly intersectional and systemic barriers. This article looks to Canadian trans case law outside of human rights law to reveal the many instances in which trans people’s fight for legal recognition and redress occur outside of the human rights arena. It focuses on trans case law in three areas: family law, the use of name and gender in court, and access to social benefits. Canadian trans jurisprudence illustrates that not only are trans legal strategies outside of human rights plentiful and effective, they are also imperative. An agile and pragmatic approach to trans rights is necessary, particularly when minority rights are under threat, and for trans people on the margins of trans law reforms.

scholarly journals The Party’s Turn to Public Repression: An Analysis of the ‘709’ Crackdown on Human Rights Lawyers in China

2018 ◽  
Vol 3 (1) ◽  
pp. 1-48 ◽  
Author(s):  
Eva Pils
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
The Political ◽  
Rational Argument ◽  
Political Emotions ◽  
Legal Advocacy ◽  
Human Rights Advocacy ◽  
Party State

The intensified and more public repression of civil society in China is part of a global shift toward deepened and technologically smarter dictatorship. This article uses the example of the ‘709’ government campaign against Chinese human rights lawyers to discuss this shift. It argues that the Party-State adopted more public and sophisticated forms of repression in reaction to smarter forms and techniques of human rights advocacy. In contrast to liberal legal advocacy, however, the Party-State’s authoritarian (or neo-totalitarian) propaganda is not bounded by rational argument. It can more fully exploit the potential of the political emotions it creates. Along with other forms of public repression, the crackdown indicates a rise of anti-liberal and anti-rationalist conceptions of law and governance and a return to the romanticisation of power.

Power, Politics, and Language Rights

1996 ◽  
Vol 30 (3) ◽  
pp. 623
Author(s):  
Reynaldo F. Macías ◽  
Alastair Pennycook ◽  
Tove Skutnabb-Kangas ◽  
Robert Phillipson ◽  
James W. Tollefson ◽  
...  
Keyword(s):  
Language Rights ◽  
Power Politics

Legal Advocacy in the Roman World.

1996 ◽  
Vol 101 (5) ◽  
pp. 1526
Author(s):  
Richard Lim ◽  
J. A. Crook
Keyword(s):  
Roman World ◽  
Legal Advocacy

scholarly journals Are traditional minority languages a bench marking for the rights of migrant languages in the European Union?

2018 ◽  
Vol 30 (4) ◽  
pp. 40-60
Author(s):  
Christopher Houtkamp ◽  
László Marácz
Keyword(s):  
European Union ◽  
Linguistic Diversity ◽  
Comparative Approach ◽  
Minority Languages ◽  
Language Rights ◽  
The European Union ◽  
Member States ◽  
Linguistic Rights ◽  
The Status ◽  
The One

In this paper a normative position will be defended. We will argue that minimal territorial minority language rights formulated in terms of the personality principle referring to traditional minority languages granted in the framework of the European Union (EU) are a benchmark for non-territorial linguistic rights. Although territorial minority languages should be granted collective rights this is in large parts of Europe not the case. Especially in the Central and Eastern European Member States language rights granted to territorial languages are assigned on the basis of personal language rights. Our argumentation will be elaborated on the basis of a comparative approach discussing the status of a traditional territorial language in Romania, more in particular Hungarian spoken in the Szeklerland area with the one of migrant languages in the Netherlands, more in particular Turkish. In accordance with the language hierarchy implying that territorial languages have a higher status than non-territorial languages both in the EUs and Member States’ language regimes nonterritorial linguistic rights will be realized as personal rights in the first place. Hence, the use of non-territorial minority languages is conditioned much as the use of territorial minority languages in the national Member States. So, the best possible scenario for mobile minority languages is to be recognized as a personal right and receive full support from the states where they are spoken. It is true that learning the host language would make inclusion of migrant language speakers into the host society smoother and securing a better position on the labour market. This should however be done without striving for full assimilation of the speakers of migrant languages for this would violate the linguistic rights of migrants to speak and cultivate one’s own heritage language, violate the EUs linguistic diversity policy, and is against the advantages provided by linguistic capital in the sense of BOURDIEU (1991).

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