Abstract
The right to use one's mother language is affected by examining the nature of this right in the international human rights system. Speaking of linguistic rights requires examining this right in the context of general human rights and the rights of minorities. On the one hand, the right to use one's mother tongue is rooted in the “right to be different,” which itself is inspired by human dignity, and, on the other hand, because the linguistic rights of the majority are better guaranteed than the linguistic rights of the minority. This chapter examines the right to use one's mother tongue in the minority system; therefore, language rights can be divided into two approaches based on tolerance, which prohibits any interference with the choice of language and its use by governments, as well as an extension-based approach that seeks to protect the right to use language in various fields such as education, court, public arena, and government institutions.
TopIntroduction
Consider innate or due to social necessities or a combination of various factors, human biosocial is as true of human groups as individuals. In other words, the result of human social life has been the inevitable mixing of different human groups (Fife, 2005). Linguistic rights in particular and the rights of current minorities, in general, have gone through many ups and downs to the way we see them today. Cultural, historical, linguistic, racial, and religious differences are phenomena that are not. It is rooted in individuals’ desires (Frowein, 1993). There is no doubt that human groups have their social structure. This social structure is based on the religious, ethnic, and linguistic customs and characteristics of that group, which is passed on to other generations as a common social heritage and establishes an inseparable link with the identity of the members of the group; As we see today, in most countries, this diversity in the form of ethnic, religious and linguistic minorities, etc., is palpable. The important point is to recognize, understand and, of course, respect this diversity and difference as a natural order in the world. Among the issues related to this diversity is a linguistic difference. The native language is the first language that all human beings learn from their family. Native language shapes our identity and carries our culture to the future. Human beings also need a common language to communicate with each other (Fife, 2005). This chapter is aimed to study the right of education in the mother language in the light of international legal systems and judiciary policies in a comparative view. This chapter investigates the concept of this law, one of the most important aspects of human rights and sustainable goals, and suggests strategies to improve public legal systems.
Key Terms in this Chapter
ECRML: European Charter for Regional or Minority Languages (ECRML) is a European treaty (CETS 148) adopted in 1992 under the Council of Europe’s auspices to protect and promote historical regionalism minority languages in Europe. However, the charter does not provide any criterion or definition for an idiom to be a minority or a regional language, and the classification stays in the hands of the national state.
Linguistic Rights: Linguistic rights are the human and civil rights concerning the individual and collective right to choose the language or languages for communication in a private or public atmosphere. Other parameters for analyzing linguistic rights include the degree of territoriality, amount of positivity, orientation in terms of assimilation or maintenance, and overtness.
UNCDE: The UNESCO Convention against Discrimination in Education is a multilateral treaty adopted on 14 December 1960 in Paris and came into effect on 22 May 1962, aiming to combat discrimination in education. The convention also ensures the free choice of religious education and private school and the right to use or teach their languages for national minority groups. The convention prohibits any reservation. It is the first international instrument covering the right to education extensively and has a binding force in international law. It is recognized as a cornerstone of the Education 2030 Agenda and represents a powerful tool to advance the Sustainable Development Goal (SDG4).
FCNM: The Framework Convention for the Protection of National Minorities (FCNM) is a multilateral treaty of the Council of Europe aimed at protecting the rights of minorities. It came into effect in 1998, and by 2009, it had been ratified by 39 member states.
ICCPR: The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966, and in force from 23 March 1976 following Article 49 of the covenant. Article 49 allowed that the covenant would enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession. The covenant commits its parties to respect individuals’ civil and political rights, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights, and rights to due process and a fair trial. As of September 2019, the covenant has 173 parties and six more signatories without ratification.
Barcelona Declaration: The Universal Declaration of Linguistic Rights (also known as the Barcelona Declaration) is a document signed by the International PEN Club and several non-governmental organizations in 1996 to support linguistic rights, especially those of endangered languages.
UNCRC: The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC) is an international human rights treaty that sets out the civil, political, economic, social, health, and cultural rights of children. The convention defines a child as any human being under eighteen unless the age of majority is attained earlier under national legislation.