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put in place effective complaint mechanisms before judicial, administrative and executive bodies
to address and redress linguistic rights issues.
Many international organizations have developed processes, tools and instruments to promote
and clarify how to implement these language rights principles. The UN Forum on Minority Issues,
UNESCO’s Languages and Multilingualism Section, the Council of Europe’s Advisory Committee on the
Framework Convention for the Protection of National Minorities, and the OSCE High Commissioner on
National Minorities continue to provide a constructive set of platforms for the exchange of knowledge,
support and expertise to enable these human rights processes, tools and instruments to be continually
improved when it comes to the implementation of language rights. One important feature of all
of these is the availability of reliable, disaggregated data to enable state authorities to effectively
prepare, apply and evaluate their policies on implementing these rights, as well as improve their
activities and efforts where needed.
The core language rights contained in these treaties, jurisprudence and guideline documents
operate with four main focuses:
1.
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 and rule of international
law, and especially important in issues surrounding the protection and promotion of minority
identity.
2.
Liberty: In private activities, language preferences are protected by basic human rights such
as freedom of expression, the right to a private life, the right of minorities to use their own
language or the prohibition of discrimination. Any private endeavour can be protected, whether
commercial, artistic, religious or political.
3.
Equality and non-discrimination: The prohibition of discrimination prevents states from unreasonably
disadvantaging or excluding individuals through language preferences in the provision of any of
their activities, services, support or privileges.
4.
Identity: Linguistic forms of identity, whether for individuals, communities or the state itself, are
fundamental for many. These too can be protected by the right to freedom of expression, the
right to a private life, the right of minorities to use their own language or the prohibition of
discrimination.
Linguistic rights issues: (i) should be considered in any activity that involves state authorities and
language preferences; (ii) are closely associated with issues of national, collective and individual
identity; (iii) have an impact on the participation and inclusion of minorities; (iv) if not properly
addressed in a balanced, reasonable way, can lead to sentiments of alienation or marginalization
and potentially instability or conflict; and (v) arise in extremely diverse circumstances and conditions.
There is no ‘one-size-fits-all’ approach to implementing language rights in all the world’s hugely
diverse national contexts.
This Guide addresses the unique attributes of linguistic rights. It provides a framework for operating
within the focuses of dignity, liberty, equality and identity on language matters, and applying and
implementing the basic human rights approaches to language in such a way that a state is effectively
complying with its international obligations.