Language Rights as an Integral Part of Human Rights – A Legal Perspective

Author(s):  
Fernand De Varennes
2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.


2018 ◽  
Vol 30 (1) ◽  
pp. 44-63 ◽  
Author(s):  
Marcela Ruiz ◽  
Oriana Bernasconi

This study analyzes socio-discursive categories used to define and classify the political violence exerted in Chilean human rights reports (1974–1978) to understand the emergence of the repertoire of repression and the construction of victimhood as a social recognition and communicative process in Latin America during the 1970s. These reports are addressed as a professional discursive genre produced by non-governmental organizations whose purpose is to denounce the violation of human rights in the context of political controversies as well as in the Chilean totalitarian context. The discursive genre is characterized by objectivity, the credibility of the information, the event-based approach, the use of statistics to establish the type and magnitude of the violation of human rights. The corpus analyzed consists of 44 reports belonging to human rights archives. The statistical section and comments were coded according to narrative categories (participants, action, cause, time and space). The results show the predominance of the legal perspective to classify the violation of human rights, the emergence of the category of enforced disappearance, the relationship with the socio-political context and the categories elaborated to identify patterns of violation of human rights.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Sheshadri Chatterjee ◽  
Sreenivasulu N.S.

Purpose The purpose of this study is to investigate the impact of artificial intelligence (AI) on the human rights issue. This study has also examined issues with AI for business and its civil and criminal liability. This study has provided inputs to the policymakers and government authorities to overcome different challenges. Design/methodology/approach This study has analysed different international and Indian laws on human rights issues and the impacts of these laws to protect the human rights of the individual, which could be under threat due to the advancement of AI technology. This study has used descriptive doctrinal legal research methods to examine and understand the insights of existing laws and regulations in India to protect human rights and how these laws could be further developed to protect human rights under the Indian jurisprudence, which is under threat due to rapid advancement of AI-related technology. Findings The study provides a comprehensive insight on the influence of AI on human rights issues and the existing laws in India. The study also shows different policy initiatives by the Government of India to regulate AI. Research limitations/implications The study highlights some of the key policy recommendations helpful to regulate AI. Moreover, this study provides inputs to the regulatory authorities and legal fraternity to draft a much-needed comprehensive policy to regulate AI in the context of the protection of human rights of the citizens. Originality/value AI is constantly posing entangled challenges to human rights. There is no comprehensive study, which investigated the emergence of AI and its influence on human rights issues, especially from the Indian legal perspective. So there is a research gap. This study provides a unique insight of the emergence of AI applications and its influence on human rights issues and provides inputs to the policymaker to help them to draft an effective regulation on AI to protect the human rights of Indian citizens. Thus, this study is considered a unique study that adds value towards the overall literature.


2020 ◽  
Vol 20 (1) ◽  
pp. 101-119
Author(s):  
Dana Schmalz

Abstract Language rights have traditionally been codified and discussed in the context of minority protection. The identification of language rights with questions of national minorities can, however, confound the analysis. This article explores the freedom of using a language and argues that the individual dimension of language rights must not be ignored beside the group dimension. The argument proceeds along a reading of three recent cases from the European Court of Human Rights, which concerned the use of Kurdish in Turkey. The Court’s reasoning illustrates the risk of an ‘anxiety logic’, which sees any language rights in connection with political claims of groups, thereby introducing additional conditions for the right and disregarding the significance a specific language can have for an individual, being more than a medium of conveying and receiving information. Conceptualising language use as an individual freedom is necessary also to account for situations other than national minorities, most importantly for the language rights of immigrants.


2016 ◽  
Vol 4 (1) ◽  
pp. 13
Author(s):  
Abbas Deygan Darweesh

This study addresses a sociolinguistic evaluation of the universal declaration of linguistic rights in 1996. It aims to analyze the basic aspects and motivations of the declaration with reference to the problems that are not dealt with in it. Thus, the current paper adopts the following procedure to achieve its aim: (1) reviewing literature on language rights theories, (2) conducting a qualitative sociolinguistic analysis for each part of the declaration, (3) and discussing the results of analysis with some evaluation of the declaration. This study is supposed to be of value to sociolinguists, critical applied linguists, discourse analysts and language planners. It has been concluded that the universal declaration of linguistic rights is based on the human language rights hypothesis with some reference to the minority hypothesis. The factors that have been addressed are power, dominance, inequality, culture, and identity. Moreover, Language is seen as constituting rather than reflecting identity. The declaration treats important issues in language rights in several domains such as education, communication, politics, socio-economics, technology and public speech.


Sign in / Sign up

Export Citation Format

Share Document