Minority Language Rights Research Articles

Normative language policy and minority language rights: rethinking the case of regional languages in France

Building on the emerging notion of ‘normative language policy’, this article seeks to contribute to the further development of an integrated framework for researching the ethics of language policy and planning. Using the case of minority language rights in France as an example, it demonstrates the benefit of combining context-sensitive or empirical approaches as traditionally used in language policy and planning research with a nuanced normative ethical analysis as employed in political philosophy and political theory. After outlining the foundational work on minority rights that has emerged within contemporary liberal theory in particular, it considers some limitations of this work in the French context specifically. It then examines ways that recent theoretical advances in liberal theory can nonetheless shed new light on the minority languages debate in France. It concludes with a critical overview of a new model for the management of the country’s regional languages recently proposed within republican theory, as a further example of the benefits of a normative language policy approach.

Historicity and citizenship as conditions for national minority rights in Central Europe: old principles in a new migration context

ABSTRACTHaving a historical presence in a country and citizenship of that country are two basic conditions under which national minority rights are granted in many countries, but increasing international migration has started to pose a challenge to this conception. Like other countries of Central Europe, the Czech Republic has adopted the two conditions for granting rights to traditional ‘national minorities’ and has developed a separate policy for the ‘integration of foreigners’; however, the emergence of the second generation of Vietnamese has presented a special challenge to this two-tier policy system. Recent renegotiation of the historicity of this immigrant group has resulted in its ‘official recognition’ as a national minority. This paper discusses this case in its wider Central European context, and addresses the question of whether we are observing an erosion of the two-tier policy system or a reconsideration of the distinction between ‘old’ and ‘new’ minorities. Finally, the paper touches upon the question of the role and usability of ‘old’ minority language rights, considering the lack of interest among the traditional minorities vs. the linguistic situation of the migrants’ second generation.

AKTUALNI ZADACI JEZIČNE POLITIKE HRVATA U MAĐARSKOJ

The present paper discusses the concept, place and role of language policy as part of the interdisciplinary science of applied linguistics. In the context of language policy of the European Union, there is always discussion about the Hungarian practice, especially in the segment of minority language rights, and the possibility of the mi nority language policy. Among the current tasks of the language policy of Croats in Hungary there is especially the need for a language strategy and empirical research emphasized, that may contribute to language planning. Apart of planning the status and corpus, there is much emphasis put on the planning of the language reacquisition, as well as of developing the state of balanced bilingualism.

Kétnyelvűség és névszemiotikai tájkép

The paper examines the connections between bilingualism and the name-semiotic landscape, focusing especially on the name-semiotic landscape of Slovakian settlements populated by Hungarian minorities as well as on name laws affecting the visual use of proper names in Slovakia. The name-semiotic landscape consists of proper names (especially personal names, place names and the names of institutions) that appear on name signs, notices in public places and other surfaces (e.g. on posters, wall surfaces, gravestones, tableaux). The author explores the extent to which Slovakian settlements with Hungarian minorities respect minority language rights in the visual use of proper names; whether or not native name use is spreading; and also examines the presence of signs and notices including Hungarian proper names. The paper describes the semiotic landscape characteristic of Slovakian settlements populated by Hungarian minorities with respect to each name type: personal names, place names and the names of institutions.

If Yes, Why Not? Minority Language Use and Accommodation of Minority Language Rights in Slovakia

Abstract This article gives an overview of the actual situation of language rights in Slovakia, focusing mainly on the minority language usage. The status of minority languages in Slovakia is still a politicized question and a series of conflicts arose especially between Slovak political elites and the representatives of ethnic Hungarians because of the controversial legislation of minority language rights. Slovakia was subjected in the field of minority protection and heavily criticized during the adoption of the State Language Law. Strict regulations on the use of state language have negative effects on the use of minority languages as well. In spite of the fact that in 1999 the Law on Use of Minority Languages was adopted and Slovakia ratified all of the international agreements in this field, the problem of minority language usage was not solved. This legal vacuum motivated the Hungarian civil sphere to take alternative actions in order to ensure bilingualism and promote the use of minority languages in official communication. Summarizing the legal accommodation of minority language rights, this paper is devoted to examine a recently less-observed civil activism supporting the use of regional languages in Slovakia.

Language Politics and Language Rights on the Territory of Former Yugoslavia the Today’s Serbia/Vojvodina

Abstract In this paper, we will attempt to outline the process of how the nationality/minority rights, especially the minority language rights, were changed in the former Yugoslavia in the next period of times: … and how they have changed in Serbia since 1990, and in Vojvodina. We present the most significant constitutional and legal changes, their impact on the institutional and everyday life, and the language policy tendencies. Finally, we discuss how the formation of the Serbian National Councils have shaped the linguistic rights of minorities in Vojvodina, in particularly after 2009, through examining the work, experiences, and the strategy of the Hungarian National Council and the Hungarians living there.

Русинский язык и языки других национальных меньшинств в законодательстве Воеводины. Статья 1

Abstract Vojvodina laws that regulate the use and operation of the languages of the national minorities living on its territory are analyzed. Based on the results of the Vojvodina censuses of 1971–2011, the data on the dynamics of the absolute and relative number of the Rusin people, as well as the number of those who have Rusin as their mother tongue, are given.The conclusion is that the language rights of Rusins and other minorities are most broadly reflected in the laws of the autonomous region: the statute (charter), the law on the use of languages, etc. These legal acts fix the obligations of the autonomy of the public use of minority languages in education, in judicial, administrative and public activities, in media, culture, in economic and social life, in place names, etc.Keywords: Rusins, Rusin language, language policy, national minority, Serbia, Vojvodina.Цель исследования – определение языковых прав русинского и других национальных меньшинств, а также статуса этих языков в законодательстве Воеводины. В качестве материала используются статистические данные переписи населения, государственные и региональные законы.Воеводина является Автономным краем Республики Сербия (Ау-тономна Покрајина Војводина / Автономна Покраїна Войводина) и примечательна в аспекте тематики журнала «Русин» тем, что это единственный регион в мире, где русинский язык имеет официальный статус. Край занимает северную часть Сербии и граничит с четырь-

Language rights in the European Union and the Treaty of Lisbon

This paper examines the linguistic obligations of the European Union and the language rights of its citizens as stated in the Treaty of Lisbon. As with the 2004 draft of the EU Constitution, the Treaty fails to address the language rights of minorities, including those seeking to secede from their own countries (e.g., Catalonia, Scotland) in their quest for political, cultural, and linguistic rights.De jurelanguage rights for speakers of minority languages and a more pluralistic approach to language legislation are deemed necessary in the EU.

Language policy, ethnic tensions and linguistic rights in post war Sri Lanka

As in many former colonies, language policy and planning in Sri Lanka has been largely shaped by and continues to be overshadowed by its history of colonial rule. Sri Lanka experienced colonization under three different western powers for over four centuries. This situation was further muddied by the three-decades long ethnic-based civil war which Sri Lanka experienced after it gained independence. The status of the country’s local languages and of the speakers of these languages were of central concerns for all Sri Lankans during colonial times as well as during the civil conflict. These concerns continue to be felt even though the war—fought between the Sinhalese-led government and the Tamil militants (the LTTE or Liberation Tigers of Tamil Eelam) ended in 2009. Drawing on models for Minority Language Rights (MLR) (May in Int J Biling Educ Biling 3(2), 101–128 2000b, Language and minority rights. London: Longman (pp. 1–22) 2001; Phillipson et al. in Introduction, Linguistic human rights: Overcoming linguistic discrimination, 1995) and Linguistic Human Rights (LHR) (May in J Multiling Multicult Dev 21, 366–385 2000a), this paper examines how local Sri Lankan languages have been accommodated and empowered vis-a-vis the sociopolitical and historical fabric of the country. The paper first maps out colonial language policies, the post-independence policies of the Sri Lankan government, the language policies of the LTTE and the post-war language policies of the present (2014) government. Against this backdrop, I then discuss the limitations posed by the existing MLR and LHR models when they are used for analyzing civil war-affected, post-colonial communities.

Because the computer speaks English? Language rights and digital media

Legal measures in support of minority language media often take for granted particular models of broadcasting, but are these models valid? How flexible are key instruments such as the European Charter for Regional or Minority Languages? After assessing the applicability of existing law on minority languages to various media platforms and services, it is argued that combining approaches from cyberlaw with sociolinguistic themes of the linguistic landscape and functional completeness can provide a more elaborate account of minority language rights and policy in the context of technological development.

Macro-language planning for multilingual education: focus on programmes and provision

This overview identifies some common features of macro-level language planning and briefly summarises the changing approaches to the analysis of macro-planning in the field. It previews six cases of language-in-education planning in response to linguistic diversity presented by the contributors to this issue. The cases show how macro-planning can either fail to recognise diverse ethnolinguistic identities or work to acknowledge them. Three common themes in language planning for multilingual education can be identified from the contributions: (i) top-down definitions of what counts as mother tongue can have both intended and unintended outcomes; (ii) language-as-problem responses to linguistic diversity can work to reinforce social exclusion; and (iii) the acknowledgement of diversity and minority language rights needs to flow through from statements of intent to on-the-ground implementation if they are to become a reality.

Minority Language Rights: Ideas and Norms

This paper is a reflection on the ideas behind international norms on language rights, such as those developed in the European Charter on Regional and Minority Languages, the Framework Convention for the Protection of National Minorities and the non binding thematic recommendations of the OSCE High Commissioner on National Minorities.

The Tower of Babel: Human Rights and the Paradox of Language

Key human rights instruments and leading scholars argue that minority language rights should be treated as human rights, both because language is constitutive of an individual's cultural identity and because linguistic pluralism increases diversity. These treaties and academics assign the value of linguistic pluralism in diversity. But, as this article demonstrates, major human rights courts and quasi-judicial institutions are not, in fact, prepared to force states to swallow the dramatic costs entailed by a true diversity-protecting regime. Outside narrow exceptions or a path dependent national-political compromise, these enforcement bodies continuously allow the state actively to incentivize assimilation into the dominant culture and language of the majority. The minority can still maintain its distinct language, but only at its own cost. The slippage between the promise of rights and their actual interpretation carries some important political and economic benefits, but the resulting legal outcome does not provide the robust protection of diversity to which lip service is paid. Importantly, the assimilationist nature of the jurisprudence is not indifferent to human rights. However, instead of advancing maximal linguistic diversity as a pre-eminent norm, the regime that is applied by judicial bodies supports a different set of human rights: those protecting linguistic minorities from discrimination, and promoting equal access of the group to market and political institutions. The result is a tension between two human rights values: pluralism and equality.

A Comparative Examination of Official Minority Languages in the Judicial System: Foundational Principles

The protection and promotion of minority language communities is a fundamental thread in the fabric of Canadian society. The struggle for official minority language rights recognition long predates the Confederation of Canada, and minority language rights have continued to evolve with the growth of our nation. To be sure, it has not been always an easy process, but much progress has been made. Minority language rights are currently protected in several facets of our society: in education, in federal and some provincial and territorial legislative processes, and in federal, territorial and some provincial government functions. While each is essential, I will focus on the protection and promotion of official minority language rights in Canada's judicial system.

The Rise of Non-territorial Autonomy in Canada: Towards a Doctrine of Institutional Completeness in the Domain of Minority Language Rights

This article studies the claims for non-territorial autonomy (NTA) of Canada's francophone minority communities (FMCs)—encompassing the over one million French-speaking citizens that live outside the province of Québec—before the courts since the adoption of the Charter of Rights and Freedoms. The findings show that Canadian courts have sought to apply principles of NTA to accommodate FMCs by extending the Canadian language rights regime in order to apply some principles of non-territorial autonomy, in the form of ‘institutional completeness’. In so doing, the courts have opened the door to a legal recognition of positive group rights for this minority.

The Tower of Babel: Human Rights and the Paradox of Language

Key human rights instruments and leading scholars argue that minority language rights should be treated as human rights, both because language is constitutive of an individual's cultural identity and because linguistic pluralism increases diversity. These treaties and academics assign the value of linguistic pluralism in diversity. But, as this article demonstrates, major human rights courts and quasi-judicial institutions are not, in fact, prepared to force states to swallow the dramatic costs entailed by a true diversity-protecting regime. Outside narrow exceptions or a path dependent national-political compromise, these enforcement bodies continuously allow the state actively to incentivize assimilation into the dominant culture and language of the majority. The minority can still maintain its distinct language, but only at its own cost. The slippage between the promise of rights and their actual interpretation carries some important political and economic benefits, but the resulting legal outcome does not provide the robust protection of diversity to which lip service is paid. Importantly, the assimilationist nature of the jurisprudence is not indifferent to human rights. However, instead of advancing maximal linguistic diversity as a pre-eminent norm, the regime that is applied by judicial bodies supports a different set of human rights: those protecting linguistic minorities from discrimination, and promoting equal access of the group to market and political institutions. The result is a tension between two human rights values: pluralism and equality.

The Implementation of the ECRML in Slovakia under Construction: Structural Preconditions, External influence and Internal Obstacles

In the early 1990s, the young Republic of Slovakia, fearing threats of devolution, embarked on an ethno-centric nation-state building, triggering a conflict structure between the majority and the minorities that can be illustrated in the game theoretic model of a ‘Pure conflict’. Even under these unfavourable structural conditions, EU conditionality prompted the state to fulfil the Copenhagen Criteria and to adopt the necessary European legislative package, but inducing formal changes in the legislative mainly. Before accession, the European Charter for Regional or Minority Language was also adopted, but appropriate measures necessary for its implementation did not implicitly follow. Nevertheless, medium-term effects show that due to the strong entrenchment with the international institutions involved, such as the European Council, social ties could be created. Consequently, social practice generated reciprocal collective meanings on minority language rights and proved to have a constitutive impact on Slovakia's identity profile in the post-accession period. However, externally induced progress has overlapped with the alternating political elites in power, dominated by populist and nationalistic rhetoric or moderate centre-right parties, finally hampering a more comprehensive implementation of Slovak minority language protection until today.

Francophone Minority Communities: The Last Constitutional Standard-Bearers of Trudeau’s Language Regime

The francophone and Acadian communities of Canada (hereinafter “FACC”) have until now been the primary constitutional standard-bearers of Pierre Elliott Trudeau’s constitutional language regime by promoting non-territorialized bilingualism through Charter-based judicial review. However, this regime is slowly being eroded by stealth and can no longer serve the interests of the FACC. This article first explains how minority language rights were the cornerstone of Trudeau’s political project and how an ideological interdependence developed between him and the FACC. Second, it describes the importance of the post-1982 institutional context in furthering the FACC’s constitutional objectives. Third, the article evaluates to which extent these objectives were fulfilled by conducting a general survey of the Supreme Court’s Charter jurisprudence in the area of francophone minority rights and its political consequences. It concludes that the FACC have exhausted the potential of Trudeau’s constitutional language regime and must now move beyond it, if they want to ensure their future well-being.

Minority Language Rights and Education in China: The Relevance of Human Rights Law and Substantive Equality

This chapter considers the potential role of international human rights law, especially provisions which are applicable to China, in mediating competing interests and objectives when determining minority language policy in the education context. In particular, it examines the content of – and the obligations arising from – the right to equality and non-discrimination and the right to equality in education. Equality, as understood in its substantive sense, requires an assessment of the actual situation of disadvantage faced by particular groups and the provision of appropriate remedies. While this principle can help ensure respect for minority language rights, political obstacles including state-building priorities often interfere with its practical realization in China.

Language, Cultural and Communication Rights of Ethnic Minorities in South Africa

This article focuses on ethnic and linguistic minorities and radio broadcasting in South Africa. It examines the country’s language, cultural and broadcasting policies and their potential impact on the participation of ethnic minorities in radio broadcasting. In particular, special focus is given to community and public radio. The study is broadly theoretical and exploratory, and examines how such policies influenced institutional changes in broadcasting and the communication rights of ethnic minorities. The critique of policy is done within the broader context of international human rights law which the South African government has ratified. Some of these treaties clearly put an obligation on state parties to support the rights of ethnic and linguistic minorities. These obligations are not only discussed within a rights framework, but also the country’s specific social and historical context.