The Need for Minority Language Rights: Some Theoretical and International Legal Considerations

Abstract

The study raises the question of whether it is necessary to recognize language rights, and responds with a series of philosophical, theoretical and anthropological arguments - sometimes quoting judicial formulations in favor of the recognition of language rights, especially minority language rights. It is a serious dilemma that, for historicalpolitical reasons, states often give priority to linguistic homogenization and consider multilingualism, the use of minority languages, as outdated or even dangerous, incompatible with the modern nation-state model. The article discusses the two fundamental principles which best underpin the international recognition of minority language rights: the protection of diverse communities and their equal rights. The study points out that in the practice of the UN Human Rights Committee and the ECtHR discrimination in the use of minority languages is recognized only in a very narrow sense. It means that the minority language sub-rights of general human rights may be interpreted too narrowly, and that recognition of these sub-rights may be denied, and this leads to the conclusion that explicit safeguards are needed to secure that minority language rights, and the corresponding state obligations arising from them are precisely defined.