Rainer Enrique Hamel. Introduction. Linguistic rights
as human rights: debates and perspectives.
The article introduces the volume and reviews the
present debate about linguistic human rights. Starting
with some basic definitions, it traces the development
of the concept and locates it within the framework of
fundamental human rights in their second and third
generation. The author sustains that international
covenant have had relatively little impact on the defense
of minority languages in the past, which is in
part due to the ambiguous status of linguistic rights —as the right of expression and the right of communication.
Although the issue is controversial, the article
states that there is a growing consciousness that
linguistic rights can only be fully granted if their
collective (in addition to their individual) dimension is
acknowledged. The right to communicate in one’s own
language can only be enjoyed by a community of
speakers, not by an isolated individual. The acceptance
of collective rights, however, runs counter the
traditional concept of a homogeneous nation state,
and can only be based on a pluriethnic, pluralistic
concept of society which recognizes ethnolinguistic
minorities as at least partially autonomous peoples
inside the state.
The article then revises the development of sociolinguistics
and concludes that —until recently— there
has been little interest in legal questions within the
discipline. Language politics and planning have rarely
taken up a language rights perspective, and have limited
their scope to explicit interventions by the state.
Therefore more interdisciplinary research is needed in
order to understand the nature of linguistic conflicts,
to identify specific needs of linguistic minorities, and
to point out the violation of linguistic human rights, as
well as ‘perverse’ effects of language planning. The
author suggests that a broad sociolinguistic approach
which encompasses both planned and unplanned
interventions on languages could set the stage to
arrive at a better understanding of how linguistic
human rights operate, how they are enjoyed or violated.