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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.'... the sphere of a person's life in which he or she can freely express his or her identity, be it by entering into relationships with others or alone. The Committee is of the view that a person's surname constitutes an important component of one's identity and that the protection against arbitrary or unlawful interference with one's privacy includes the protection against arbitrary or unlawful interference with the right to choose and change one's own name.''Official legislation makes languages official in the domains of legislation, justice, public administration, and education, . Various combinations of both principles are also used.... Institutionalizing legislation covers the unofficial domains of labour, communications, culture, commerce, and business....' 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. Linguistic rights include, among others, the right to one's own language in legal, administrative and judicial acts, language education, and media in a language understood and freely chosen by those concerned. Linguistic rights in international law are usually dealt in the broader framework of cultural and educational rights. Important documents for linguistic rights include the Universal Declaration of Linguistic Rights (1996), the European Charter for Regional or Minority Languages (1992), the Convention on the Rights of the Child (1989) and the Framework Convention for the Protection of National Minorities (1988), as well as Convention against Discrimination in Education and the International Covenant on Civil and Political Rights (1966). Linguistic rights became more and more prominent throughout the course of history as language came to be increasingly seen as a part of nationhood. Although policies and legislation involving language have been in effect in early European history, these were often cases where a language was being imposed upon people while other languages or dialects were neglected. Most of the initial literature on linguistic rights came from countries where linguistic and/or national divisions grounded in linguistic diversity have resulted in linguistic rights playing a vital role in maintaining stability. However, it was not until the 1900s that linguistic rights gained official status in politics and international accords. Linguistic rights were first included as an international human right in the Universal Declaration of Human Rights in 1948. Formal treaty-based language rights are mostly concerned with minority rights. The history of such language rights can be split into five phases. Some make a distinction between language rights and linguistic human rights because the former concept covers a much wider scope. Thus, not all language rights are LHR, although all LHR are language rights. One way of distinguishing language rights from LHR is between what is necessary, and what is enrichment-oriented. Necessary rights, as in human rights, are those needed for basic needs and for living a dignified life, e.g. language-related identity, access to mother tongue(s), right of access to an official language, no enforced language shift, access to formal primary education based on language, and the right for minority groups to perpetuate as a distinct group, with own languages. Enrichment rights are above basic needs, e.g. right to learn foreign languages. The most basic definition of linguistic rights is the right of individuals to use their language with other members of their linguistic group, regardless of the status of their language. They evolve from general human rights, in particular: non-discrimination, freedom of expression, right to private life, and the right of members of a linguistic minority to use their language with other members of their community.

[ "Right to property" ]
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