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The nature of language rights
Die Natur der Sprachenrechte
[journal article]
Abstract 'The discussion on language rights is affected by some confusion on the nature and status of rights. In this paper, a rigorous characterisation of language rights is proposed. It is argued that the general assimilation or equation between language rights and human rights is not only erroneous as far... view more
'The discussion on language rights is affected by some confusion on the nature and status of rights. In this paper, a rigorous characterisation of language rights is proposed. It is argued that the general assimilation or equation between language rights and human rights is not only erroneous as far as it is inaccurate, but it leads to a distorted image of the relationship between law and politics. While human rights do limit (at least, ideally) state behaviour, language rights are, more often than not, an issue devolved to the political process. The point being made in this paper is that recognition of language rights (as such or as part of minority rights) is based primarily on contingent historical reasons. Some tentative explanations on the poor status or unequal recognition of language rights in international and domestic law will also be offered throughout the paper.' (author's abstract)... view less
Keywords
language group; minority policy; minority rights; language; human rights; legal claim; politics; civil rights; law
Classification
Science of Literature, Linguistics
Law
Method
normative
Document language
English
Publication Year
2007
Page/Pages
35 p.
Journal
JEMIE - Journal on ethnopolitics and minority issues in Europe, Vol. 6 (2007) 2
Status
Published Version; peer reviewed
Licence
Deposit Licence - No Redistribution, No Modifications