Language Rights as Human Rights: A Sociolinguistic Study of the Universal Declaration of Language Rights 1996

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.

Author(s):  
Haley De Korne

Waiting for the egalitarian agenda ofuniversal human rights, and its relatedbranch of linguistic rights, to be fulfilledthrough official political processesand structures is not an option. As thecontributors to this volume discussand illustrate, language rights policiesand discourses have yet to providecomprehensive improvement of the wellbeingof members of multilingual andminoritized communities in many partsof the world. They call for investmentin and recognition of other channelsof political action, in particular theagency of local individuals who engagein language politics through formsof linguistic citizenship. This volumebuilds on the growing body of workwhich explores linguistic citizenship(hereafter LC) as an alternative tolanguage rights and recognition policies(Stroud, 2001; Stroud & Heugh, 2004;Williams & Stroud, 2013), directingfocus towards “what people do with andaround language(s) in order to positionthemselves agentively, and to craftnew, emergent subjectivities of politicalspeakerhood, often outside of thoseprescribed or legitimated in institutionalframeworks of the state” (Introduction,p. 4). It is a welcome contribution tothe scholarship on language policyand planning which gives seriousconsideration to the nature of languagepolitics on the ground, and attempts tograpple with the inequalities that persistregardless of official pluralist policies(Canagarajah, 2005; Hornberger etal., 2018; McCarty, 2013; Ricento &Hornberger, 1996).


Ethnicities ◽  
2016 ◽  
Vol 17 (5) ◽  
pp. 603-626 ◽  
Author(s):  
Philip McDermott

Debates on language rights as integral elements of human rights have gathered momentum since the early 1990s. International organisations such as the Council of Europe (CoE) and the United Nations (UN) have advocated linguistic rights through various charters and conventions, albeit with wavering levels of success. This article focuses specifically on the European context and the manner in which the CoE has dealt with language rights in the continent. The European Convention on Human Rights (ECHR), the European Charter for Regional and Minority languages (ECRML) and the Framework Convention for the Protection of National Minorities (FCPNM) are discussed in light of the region’s contemporary linguistic makeup. Current inequalities in the application of language recognition provide an area of special concern. For example, while speakers of ‘indigenous’ (or autochthonous) minority languages have apparently enjoyed an improving status in recent decades, the position of immigrant (or allochthonous) languages is less clear and current approaches largely ignore linguistic diversity which has been brought by recent mass migration patterns, leading to a somewhat exclusionary system. Through the discussion possible pathways for better inclusion of immigrant languages within current international frameworks, especially those of the CoE, are explored.


EL LE ◽  
2018 ◽  
Author(s):  
Matteo Santipolo

Language rights are included among the fundamental human rights and most countries worldwide nowadays have ad hoc legislations to protect their historical and territorial language minorities. The matter becomes more complicated when the languages to be protected are those of immigrants, who, on the other hand, have also the duty to learn, at an adequate level of competence and proficiency, the language of the place where they settle down. Linguistic rights and duties, that should all fall under the Latin ‘umbrella’ term of ius, are the subject of analysis in this contribution, which mainly aims at providing hints of reflection on an intricate and by no means easily solvable situation, with special reference to the Italian context. In the last paragraph a proposal is put forward to introduce in the debate the newly-coined concept of ius linguarum, as a possible ‘jimmy’ of the twisted matter.


1996 ◽  
pp. 69
Author(s):  
Editorial board Of the Journal

GENERAL DECLARATION OF HUMAN RIGHTS Adopted and proclaimed in resolution 217 A (III) of the General Assembly of the United Nations of 10.12.1948


Author(s):  
Uliana Kuzenko

Purpose. The purpose of the article is to analyze the Universal Declaration of Human Rights as an international legal instrument, which for the first time formulated the foundations of modern democratic status of a human being and its fundamental rights and freedoms. Methodology. The methodology involves a comprehensive study of theoretical and practical material on the subject, as well as a formulation of relevant conclusions and recommendations. During the research, the following methods of scientific cognition were used: dialectical, terminological, formal and logical, systemic and functional. Results. The study found that the main features of the Universal Declaration of Human Rights as a source of international legal mechanism for the protection of human rights are: 1) it is a fundamental, foundational and universal international human rights act of the United Nations; 2) it establishes a system of fundamental human rights; 3) it defines a common system of fundamental international human rights standards; 4) it determines the principles of legal identity of a human being; 5) it determines the fundamental basis and principles of international legal regulation in the field of human rights protection; 6) it acts as an international legal basis for the adoption of the latest legislation on human rights protection; 7) it acts as an international legal basis for the codification of human rights legislation. Scientific novelty. The study found that the Universal Declaration of Human Rights points to the natural origin of human rights, which must be binding on all States and for the whole population, regardless of citizenship, in order to ensure the human rights protection in a democratic and rule-of-law State. Practical importance. The results of the study can be used to improve Ukrainian legislation on human rights and fundamental freedoms.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 180-188
Author(s):  
Bianca Nicla Romano

Art. 24 of the 1948 Declaration of Human Rights recognises and protects the right of the individual to rest and leisure. This right has to be fully exercised without negative consequences on the right to work and the remuneration. Tourism can be considered one of the best ways of rest and leisure because it allows to enrich the personality of the individual. Even after the reform of the Title V this area is no longer covered by the Italian Constitution, the Italian legal system protects and guarantees it as a real right, so as to get to recognize its existence and the consequent compensation of the so-called “ruined holiday damage”. This kind of damage has not a patrimonial nature, but a moral one, and the Tourist-Traveler can claim for it when he has not been able to fully enjoy his holiday - the essential fulcrum of tourism - intended as an opportunity for leisure and/or rest, essential rights of the individual.


2019 ◽  
Vol 76 (3-4) ◽  
pp. 138-148
Author(s):  
Francesco Zammartino

Seventy Years after its proclamation, the Universal Declaration of Human Rights, despite not having a binding force for the states, still provides at international level the fundamental text from which the principles and the values for the preservation of liberty and right of people are taken. In this article, the author particularly underlines the importance of Declaration’s article 1, which states: “All human beings are born free and equal in dignity and rights”. With these words the Declaration presses states to undertake economic policies aimed at achieving economic and social progress for all individuals. Unfortunately, we also have to underline the lack of effective social policies in government programs of the E.U. Member States. The author inquires whether it is left to European judges to affirm the importance of social welfare.


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