Section III
Understanding and implementing a human rights-based
approach to language issues
A human rights-based approach to language can be framed as a ‘recognize-implement-improve’
method for ensuring that state authorities effectively comply with their obligations. Laws, policies and
processes must recognize language rights within a human rights framework i.e., authorities must integrate
these into their conduct and activities, and mechanisms must be put in place to effectively address problem
areas where they exist and improve compliance.
The human rights based approach to implement language rights is important for the following
reasons:
•
It builds on existing instruments, mechanisms and monitoring and enforcement structures that are
already in place to ensure protection and promotion of human rights internationally, regionally
and nationally. To portray language rights as something exceptional, special or unusual could
lead to misunderstanding, resistance or rejection. Acknowledging and highlighting their position
within the human rights paradigm provides greater opportunities to respond effectively to
language issues by working within the context of international human rights law, as well as
domestic legislation.
•
It provides human rights perspective that help elaborate and guide various language policies.
Experience and knowledge from different countries can be shared, which contribute to
replications of good practices among states. This helps to translate language rights as stipulated
in international law and standards into practical legislation, policies and processes.
•
It can help to identify and minimize language policies that do not meet international standards which
could lead to the exclusion or marginalization of significant segments of a state’s population—
and even conflict. A regularly practiced, systematic human rights approach to language issues
helps to identify potential issues and negative impacts, while also providing the ways and means
to respond to and correct them.
• There are four core areas in a human rights approach to language:
Dignity
Article 1 of the Universal Declaration of Human Rights declares that all human beings are born free
and equal in dignity and rights. This is a fundamental principle of international law. The commentary
on the UN Declaration on Minorities states that good governance includes legal, administrative and
territorial arrangements which allow for peaceful and constructive group accommodation based on
equality in dignity and rights for all, and which allows for the necessary pluralism to enable people
belonging to different groups to preserve and develop their identity. Meeting the aspirations of
minorities and ensuring their rights acknowledges the dignity and equality of all individuals, fosters
participatory development and contributes to the lessening of tensions both within and among states.7
7
Commentary of the Working Group on Minorities to the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities,<https://documents-dds-ny.un.org/doc/UNDOC/GEN/G05/133/85/PDF/
G0513385.pdf?OpenElement >.
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