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Part 3 Trends in Decision and Conditioning Factors: Claims Relating to Respect, Thirteen Claims for Freedom from Discrimination in Choice of Language

From: Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (2nd Edition)

Myres S. McDougal, Harold D. Lasswell, Lung-chu Chen

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 08 August 2020

Freedom of expression — Freedom of thought, conscience, and religion — Right to non-discrimination — Languages, regional or minority

This chapter focuses on claims for freedom from discrimination in choice of language. It begins with a factual background on deprivations imposed upon an individual on account of his/her language, explaining how language is connected to human dignity. In particular, it considers the ways in which deprivations in relation to language may be manifested through enlightenment, skill, power, and well-being. It then discusses basic community policies aimed at according individuals full protection in access to all pertinent languages, along with national and international efforts to protect freedom of language. Protections before and under the United Nations are examined, together with regional protections, citing the Belgian Linguistic cases that tested the meaning of Article 14 of the European Convention on Human Rights. The chapter also reviews national protections that address linguistic diversity in modern heterogeneous societies before concluding with an analysis of future developments regarding language discrimination.

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