Language Rights

An overview of language rights issues and language conflicts with detailed examination of many cases past and present around the world.

On what grounds should language rights be accorded in Canada, and to whom? This is the central question that is addressed in C. Michael MacMillan's book The Practice of Language Rights in Canada. The issue of language rights in Canada is one that is highly debated and discussed, partly because the basic underlying principles have been a neglected dimension in the debate. MacMillan examines the normative basis of language rights in Canadian public policy and public opinion. He argues that language rights policy should be founded upon the theoretical literature of human rights. Drawing on the philosophy behind human rights, the arguments for recognizing a right to language are considered, as well as the matter of whether such rights possess the essential features of established rights. Another model that is examined is the idea that rights are a reflection of the established values, attitudes, and practices of society. This analysis reveals that there is a significant gap between what a political theory of language rights would endorse and what garners support in public opinion. MacMillan also scrutinizes the federal and provincial contexts in the development of a language rights framework. From these explorations, a case is developed for a recognition of language rights that is consistent with the logic of human rights and that corresponds roughly with developing Canadian practice. The Practice of Language Rights in Canada is a unique contribution to the current literature not only because it conceives of language rights as a human right but also because it frames the whole debate about language rights in Canada as a question of values and entitlements.

Exploring language rights politics in theoretical, historical and international context, this book brings together debates from law, sociolinguistics, international politics, and the history of ideas. The author argues that international language rights advocacy supports global governance of language and questions freedoms of speech and expression.

The contributions to this volume cover a broad range of issues in language policy that are hotly debated in every corner of the globe. The articles included investigate the implications of language policies on the notion of language rights as the issues are played out in very specific circumstances — from the courtroom in Australia to the legislature in California to the educational system in England to the administrative practices of the European Commission. The authors explore conflicts between basic conceptions of fairness in justice, administration and education on the one hand, and political and economic realities on the other. Articles focus on langage issues in the United States, Canada, Brazil, England, France, Slovakia, Russia, Sri Lanka, Australia and several African states. Other articles consider the implications of new supernational agreements — the European Union, NAFTA, GATT, the OAU — on language issues in the signatory states. In sum the volume offers an extensive presentation of current issues and practices in language policy and linguistic human rights.

China has had constitutional minority language rights for decades, but what do they mean today? Answering with nuance and empirical detail, this book examines the rights through a sociolinguistic study of Zhuang, the language of China’s largest minority group. The analysis traces language policy from the Constitution to local government practices, investigating how Zhuang language rights are experienced as opening or restricting socioeconomic opportunity. The study finds that language rights do not challenge ascendant marketised and mobility-focused language ideologies which ascribe low value to Zhuang. However, people still value a Zhuang identity validated by government policy and practice. Rooted in a Bourdieusian approach to language, power and legal discourse, this is the first major publication to integrate contemporary debates in linguistics about mobility, capitalism and globalization into a study of China’s language policy. The book refines Grey’s award-winning doctoral dissertation, which received the Joshua A. Fishman Award in 2018. The judges said the study “decenter[s] all types of sociolinguistic assumptions." It is a thought-provoking work on minority rights and language politics, relevant beyond China.

One of the most vexing issues in many of the world's so-called ethnic or minority conflicts is the question of language use by the State and its citizens. While international and national law has traditionally viewed language preference to be within a State's prerogative - at least when involving governmental activities and machinery - this position has proved to be a continuous source of acrimony and conflict, and wrong in some respects. Language, Minorities, and Human Rights is the most complete book ever written on the topic, providing for the first time an analysis of every aspect of language and the law. In addition to presenting a theoretical model for language's particular position and relevance in human rights, it constitutes an invaluable reference document by including the provisions of close to 100 international, multilateral and bilateral instruments involving language rights, as well as the constitutional provisions of 140 countries dealing with language. By addressing little explored areas such as the language rights of indigenous peoples, non-citizens and even the use of script, in addition to more traditional topics such as nationalism and language, freedom of expression and non-discrimination, Language, Minorities and Human Rights proposes a complete descriptive picture of language and human rights as well as proposing a number of suggestions on how to address and balance the many problems currently caused by the linguistic demands of various individuals and the interests of states in nation building.

The second edition addresses new theoretical and empirical developments since its initial publication, including the burgeoning influence of globalization and the relentless rise of English as the current world language. May’s broad position, however, remains largely unchanged. He argues that the causes of many of the language-based conflicts in the world today still lie with the nation-state and its preoccupation with establishing a 'common' language and culture via mass education. The solution, he suggests, is to rethink nation-states in more culturally and linguistically plural ways while avoiding, at the same time, essentializing the language-identity link. This edition, like the first, adopts a wide interdisciplinary framework, drawing on sociolinguistics, applied linguistics, sociology, political theory, education and law. It also includes new discussions of cosmopolitanism, globalization, the role of English, and language and mobility, highlighting the ongoing difficulties faced by minority language speakers in the world today.