PROTECTING MINORITY RIGHTS – A Practical Guide to Developing Comprehensive Anti-Discrimination Legislation
• The right to the free use of minority languages in the broadcast, print and electronic media, including in
public sector media, with sufficient and proportionate space.1057
• The right to use one’s own name in one’s language in official documents.1058
• The right to use minority languages in official or administrative proceedings.1059
The Special Rapporteur on minority issues has set out that, in order to meet their human rights obligations
involving language, State authorities 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;
��� put in place effective complaint mechanisms before judicial, administrative and executive bodies to
address and redress linguistic rights issues.1060
Pursuant to the international human rights norms and standards summarized above, as well as certain
additional specific provisions concerning minority languages,1061 some States have adopted particular legal
provisions to establish national laws on the right to use minority languages.1062
As with the other grounds of discrimination discussed in the present chapter, States’ anti-discrimination laws
should prohibit discrimination on the basis of language.
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1057
Human Rights Committee, Ballantyne et al. v. Canada, communications Nos. 359/1989 and 385/1989. See also Special Rapporteur on
minority issues, “Language rights of linguistic minorities: a practical guide for implementation” (Geneva, OHCHR, 2017), pp. 31–34.
1058
Human Rights Committee, Raihman v. Latvia (CCPR/C/100/D/1621/2007).
1059
Human Rights Committee, Diergaardt et al. v. Namibia (CCPR/C/69/D/760/1997).
1060
Special Rapporteur on minority issues, “Language rights of linguistic minorities: a practical guide for implementation”, pp. 5–6, which
was developed on the basis of a report by the Independent Expert on minority issues in 2012 (A/HRC/22/49). The Special Rapporteur
notes that these standards have been further elaborated in a variety of guiding documents and international standards, such as in the
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, the three principles of language
and education (UNESCO), the various recommendations of the Forum on Minority Issues on implementing the Declaration on the Rights
of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, thematic commentary No. 3 by the Council of Europe’s
Advisory Committee on the Framework Convention for the Protection of National Minorities, and the Oslo recommendations regarding
the linguistic rights of national minorities (Organization for Security and Cooperation in Europe).
1061
See, for example, article 17 (d) of the Convention on the Rights of the Child, under which States undertake to: “Encourage the mass media
to have particular regard to the linguistic needs of the child who belongs to a minority group or who is indigenous.”
1062
See, for example, article 6 of Constitution of Italy, which states: “The Republic safeguards by means of appropriate measures linguistic
minorities.” Such a constitutional provision has been supplemented by regional legislation aimed at providing incentives to promote local
languages and cultures based on a regulatory framework established in Laws Nos. 482/1999 and 38/2001.