History
Linguistic rights became more and more prominent throughout the course of history as language came to be increasingly seen as a part of nationhood. Although policies and legislation involving language have been in effect in early European history, these were often cases where a language was being imposed upon people while other languages or dialects were neglected. Most of the initial literature on linguistic rights came from countries where linguistic and/or national divisions grounded in linguistic diversity have resulted in linguistic rights playing a vital role in maintaining stability. However, it was not until the 1900s that linguistic rights gained official status in politics and international accords.
Linguistic rights were first included as an international human right in the Universal Declaration of Human Rights in 1948.
Formal treaty-based language rights are mostly concerned with minority rights. The history of such language rights can be split into five phases.
1. pre-1815. Language rights are covered in bilateral agreements, but not in international treaties, e.g. Treaty of Lausanne (1923).
2. Final Act of the Congress of Vienna (1815). The conclusion to Napoleon I’s empire-building was signed by 7 European major powers. It granted the right to use Polish to Poles in Poznan alongside German for official business. Also, some national constitutions protects the language rights of national minorities, e.g. Austrian Constitutional Law of 1867 grants ethnic minorities the right to develop their nationality and language.
3. Between World I and World War II. Under the aegis of the League of Nations, Peace Treaties and major multilateral and international conventions carried clauses protecting minorities in Central and Eastern Europe, e.g., the right to private use of any language, and provision for instruction in primary schools through medium of own language. Many national constitutions followed this trend. But not all signatories provided rights to minority groups within their own borders such as Britain, France, and US. Treaties also provided right of complaint to League of Nations and International Court of Justice.
4. 1945-1970s. International legislation for protection of human rights was undertaken within infrastructure of United Nations. Mainly for individual rights and collective rights to oppressed groups for self-determination.
5. Early 1970s onwards, there was a renewed interest in rights of minorities, including language rights of minorities. e.g. UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
Language rights + human rights = linguistic human rights (LHR)
Some make a distinction between language rights and linguistic human rights because the former concept covers a much wider scope. Thus, not all language rights are LHR, although all LHR are language rights. One way of distinguishing language rights from LHR is between what is necessary, and what is enrichment-oriented. Necessary rights, as in human rights, are those needed for basic needs and for living a dignified life, e.g. language-related identity, access to mother tongue(s), right of access to an official language, no enforced language shift, access to formal primary education based on language, and the right for minority groups to perpetuate as a distinct group, with own languages. Enrichment rights are above basic needs, e.g. right to learn foreign languages.
Linguistic rights became more and more prominent throughout the course of history as language came to be increasingly seen as a part of nationhood. Although policies and legislation involving language have been in effect in early European history, these were often cases where a language was being imposed upon people while other languages or dialects were neglected. Most of the initial literature on linguistic rights came from countries where linguistic and/or national divisions grounded in linguistic diversity have resulted in linguistic rights playing a vital role in maintaining stability. However, it was not until the 1900s that linguistic rights gained official status in politics and international accords.
Linguistic rights were first included as an international human right in the Universal Declaration of Human Rights in 1948.
Formal treaty-based language rights are mostly concerned with minority rights. The history of such language rights can be split into five phases.
1. pre-1815. Language rights are covered in bilateral agreements, but not in international treaties, e.g. Treaty of Lausanne (1923).
2. Final Act of the Congress of Vienna (1815). The conclusion to Napoleon I’s empire-building was signed by 7 European major powers. It granted the right to use Polish to Poles in Poznan alongside German for official business. Also, some national constitutions protects the language rights of national minorities, e.g. Austrian Constitutional Law of 1867 grants ethnic minorities the right to develop their nationality and language.
3. Between World I and World War II. Under the aegis of the League of Nations, Peace Treaties and major multilateral and international conventions carried clauses protecting minorities in Central and Eastern Europe, e.g., the right to private use of any language, and provision for instruction in primary schools through medium of own language. Many national constitutions followed this trend. But not all signatories provided rights to minority groups within their own borders such as Britain, France, and US. Treaties also provided right of complaint to League of Nations and International Court of Justice.
4. 1945-1970s. International legislation for protection of human rights was undertaken within infrastructure of United Nations. Mainly for individual rights and collective rights to oppressed groups for self-determination.
5. Early 1970s onwards, there was a renewed interest in rights of minorities, including language rights of minorities. e.g. UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities.
Theoretical discussion
Language rights + human rights = linguistic human rights (LHR)
Some make a distinction between language rights and linguistic human rights because the former concept covers a much wider scope. Thus, not all language rights are LHR, although all LHR are language rights. One way of distinguishing language rights from LHR is between what is necessary, and what is enrichment-oriented. Necessary rights, as in human rights, are those needed for basic needs and for living a dignified life, e.g. language-related identity, access to mother tongue(s), right of access to an official language, no enforced language shift, access to formal primary education based on language, and the right for minority groups to perpetuate as a distinct group, with own languages. Enrichment rights are above basic needs, e.g. right to learn foreign languages.
