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The Right to Equality and Non-Discrimination With Regard to Language

Author: Noelle Higgins BA, HDipEd, MA, LLM
Lecturer in Law, National University of Ireland, Galway
Subjects: Human rights (Other articles)
Language and languages - law and legislation (Other articles)
Linguistic minorities - legal status, laws (Other articles)
Issue: Volume 10, Number 1 (March 2003)
Category: Refereed Articles

Abstract

Various domestic Constitutions and legislation as well as both regional and international human rights instruments have sought to protect language rights under the principles of non-discrimination and equality. However, the interpretation of the concepts of non-discrimination and equality, as well as the extent to which these concepts have, in fact, been of use regarding linguistic rights varies quite an amount from court to court and from jurisdiction to jurisdiction, thus creating a great deal of uncertainty in the field of language rights. The author concludes that that despite the protection offered by domestic, regional and international provisions dealing with discrimination, freedom of expression and minority protection, language rights are often severely limited and sometimes violated. The current protection offered to language rights is, therefore, not sufficient.

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