12 Liberty One of the most significant areas of language rights involves the private sphere where international human rights law are in place to guarantee linguistic freedom in private matters. These include private commercial and information-related activities,8 civil society and private organizations,9 staging a private theatre play in a minority language, private political and participatory activities or events, private publications, and even the linguistic form of a person’s own name.10 The language used in all private activities, including the medium of instruction in private educational activities or for broadcasting, is included in the area of language rights. Generally speaking, freedom of expression, including to use the language of one’s choice cannot be prohibited, unless this is necessary on a strictly limited number of grounds which are exceptional and circumscribed by law such as for the protection of public order, or of public health or morals, or to ban incitement to hatred. Linguistic minority groups must also be free from persecution and threat against their identity as linguistic minorities. The authorities must therefore protect them against hate crime and other forms of prohibited intolerance, including in social media. Different circumstances may involve different set of human rights. For instance, the use of a liturgical language could give rise to freedom of religion issues. In general, the recognition of linguistic freedom as a fundamental language right in international law will be based on one of the following international legal obligations found in international human rights treaties: • Freedom of expression, association or religion; • The right to a private life; • The right of individuals to use their own language with other members of their minority community; • Prohibition of discrimination. The right to equality without discrimination is not limited to private activities, but may also be raised where language policies or regulation affect private language choices and preferences. Individual liberty in the private sphere, including in terms of the language used, is a basic characteristic of free, inclusive and democratic societies. Private activities in areas such as education, family life, the names of individuals or localities, private printed and electronic media, songs and cultural events, religious ceremonies and commercial or political activities by private parties, are all subject to the general linguistic freedom of the parties involved. 8 9 10 Ballantyne, Davidson, McIntyre v. Canada, UN Human Rights Committee, CCPR/C/47/D/359/1989 and 385/1989/Rev.1, 31 March 1993. Ouranio Toxo and Others v. Greece, European Court of Human Rights, 74989/01, 20 October 2005. Raihman v. Latvia, UN Human Rights Committee, CCPR/C/100/D/1621/2007, 28 October 2010.