Section I What are language rights? ‘Language rights’ and ‘linguistic rights’ are human rights that have an impact on the language preferences or use of state authorities, individuals and other entities. Language rights are usually considered broader than linguistic rights and this guide uses both terms to discuss both the necessary minimum and possible extra measures that should or can be taken to effectively implement the rights of linguistic minorities. Language is central to human nature and culture, and is one of the most important expressions of identity. Issues surrounding language are therefore particularly emotive and significant to linguistic minority communities seeking to maintain their distinct group and cultural identities, sometimes under conditions of marginalization, exclusion and discrimination. Linguistic rights can be described as a series of obligations on state authorities to either use certain languages in a number of contexts, or not interfere with the linguistic choices and expressions of private parties. These might extend to an obligation to recognize or support the use of languages by minorities or indigenous peoples. Human rights involving language are a combination of legal requirements based on international human rights treaties and standards on how to address language or minority issues, as well as linguistic diversity within a state. Language rights are to be found in various provisions enshrined in international human rights law, such as the prohibition of discrimination, the right to freedom of expression, the right to a private life, the right to education and the right of linguistic minorities to use their own language with others in their group. They are also elaborated on in a variety of guiding documents and international standards, such as in the 1992 UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, UNESCO’s Three Principles of Language and Education, the various recommendations of the UN Forum on Minority Issues on Implementing the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the Council of Europe’s Thematic Commentary No. 3 on the Language Rights of Persons Belonging to National Minorities under the Framework Convention, and the Organization for Security and Co-operation in Europe (OSCE) Oslo Recommendations Regarding the Linguistic Rights of National Minorities. Despite some differences, all of these describe similar basic approaches for state authorities to meet their human rights obligations involving language, according to which they must: • respect the integral place of language rights as human rights; • recognize and promote tolerance, cultural and linguistic diversity, and mutual respect, understanding and cooperation among all segments of society; • put in place legislation and policies that address linguistic rights and prescribe a clear framework for their implementation; • implement their human rights obligations by generally following the proportionality principle in the use of or support for different languages by state authorities, and the principle of linguistic freedom for private parties; • integrate the concept of active offer as an integral part of public services to acknowledge a state’s obligation to respect and provide for language rights, so that those using minority languages do not have to specifically request such services but can easily access them when the need arises; 5