35
How it should be done
As language is a form of expression, private parties must be allowed to use a minority language
among themselves, including when visible or audible by others in public spaces. The language used
in private conversations is similarly protected.
The use of a minority language in private cultural54 or electoral events55 must be respected within
the sphere of linguistic freedom.
The use of a minority language by one parent cannot be used as a legitimate ground for the denial
of custody of a child.
The promotion or protection of official languages is a legitimate objective but must not be interpreted
in such a way as to prevent the use of minority languages in private matters.56 The use of an official
language in conjunction with other languages must not be disproportionate, onerous or otherwise an
impermissible constraint.
Good practices
•
In Canada, the Québec authorities have adopted legislation that respects the private individual’s
language of choice in his or her own private affairs by not restricting the use of a language of preference
on private signs, while still requiring that these display the official language in a predominant position.
This shows how a state can effectively combine the legitimate goal of promoting and protecting an
official language, while not preventing an individual’s human right to use the language of his or her
choice in private matters, including on signs visible to the general public.
•
In the United States, clear guidelines have been adopted in some states about when it is permissible
to require the exclusive use of an official language in the work environment, and when it is not
permissible to prevent an employee or other person from using their own language, including in
particular a minority language.57
4.8 The Effective Participation of Minorities in Public Life and Language
What should be done?
Steps to encourage and facilitate the effective participation of minorities in public life include,
where practicable, the use of their languages in electoral, consultative and other public participation
processes. In areas where speakers of a minority language are concentrated and in significant
numbers, electoral information, ballots and other public documents pertaining to elections or public
consultation and participation events should be made available in that language.
The use of minority languages must be allowed on posters, and in documents or the meetings
and other activities of political parties, non-governmental organizations, lobbying groups or private
individuals.
54
55
56
57
Ulusoy and others v. Turkey, European Court of Human Rights, 34797/03, 3 May 2007.
Ņükran Aydin and Others v. Turkey, European Court of Human Rights, 49197/06, 22 January 2013.
Ballantyne, Davidson, McIntyre v. Canada (note 8).
US Guidelines on Discrimination because of National Origin, <www.ecfr.gov/cgi-bin/text-idx?SID=c23c33ef4cf089f166b9e143789066bc&node=29:4.1.4.1.7&rgn=div5#29:4.1.4.1.7.0.21.7>.