Minority Language Educational Rights Vindicated

AbstractThe political value of rights depends on the availability of effective instruments for remedying violations of those rights. Recognizing this, the authors of the Canadian Charter of Rights and Freedoms provided courts with three remedial alternatives for enforcing its provisions. Focusing on section 24(1) of the Charter, which permits courts to impose any remedy they consider “appropriate and just in the circumstances, ” this article assesses how Canadian courts have dealt with the remedial dilemmas inherent in Charter litigation. This assessment unfolds in three stages. First, it sets out a framework for analyzing remedial decision-making. Next, it summarizes the cases in which section 24(1) has been explicitly invoked to enforce Charter rights. Finally, the article examines the remedial implications of judicial enforcement of minority- language educational rights.

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La Charte canadienne des droits et libertés et quelques leçons tirées de la Convention européenne des droits de l'homme

Les Cahiers de droit ◽

10.7202/042515ar ◽

2005 ◽

Vol 23 (4) ◽

pp. 795-806

Author(s):

Guy Tremblay

Keyword(s):

Human Rights ◽

Comparative Law ◽

Case Law ◽

Minority Language ◽

European Convention ◽

Canadian Charter ◽

Educational Rights ◽

European Court ◽

The Right ◽

Guide Lines

Many provisions of the Canadian Charter of Rights and Freedoms enacted as part of the Constitution Act, 1982 are couched in very broad terms. Comparative law provides useful guide-lines for ascertaining the probable ambit of the Charter. This article centers on the European Convention on Human Rights and on part of its case-law in areas where comparable solutions are likely to obtain in Canada. Thus, in spite of the generality of the words used by Deschênes J. in the case respecting minority language educational rights in Quebec, it is fair to assume that section 1 of the Canadian Charter will permit denials as well as limitations of rights, in exceptional circumstances, but that it will not apply to certain rights, such as the right not to be subjected to cruel treatment. More generally, the European Convention lays down the exhaustive limits that can apply to some rights and one may assume that no more restrictions would be permissible in Canada either. Finally, examples are given of cases which have been decided by the European Commission or the European Court of Human Rights and which pose problems likely to be raised under the Canadian Charter.

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Clinical Management of Communicatively Handicapped Minority Language Populations

10.1044/policy.ps1985-00219 ◽

1985 ◽

Keyword(s):

Clinical Management ◽

Minority Language

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Ethnolinguistic Identity and Television Use in a Minority Language Setting

Journal of Media Psychology Theories Methods and Applications ◽

10.1027/1864-1105/a000071 ◽

2012 ◽

Vol 24 (4) ◽

pp. 135-142 ◽

Cited By ~ 5

Author(s):

Jake Harwood ◽

Laszlo Vincze

Keyword(s):

Secondary School ◽

Coping Strategies ◽

Secondary School Students ◽

Minority Language ◽

German Language ◽

Tv Viewing ◽

School Students ◽

Ethnolinguistic Vitality ◽

Ethnolinguistic Identity ◽

Television Use

Based on the model of Reid, Giles and Abrams (2004 , Zeitschrift für Medienpsychologie, 16, 17–25), this paper describes and analyzes the relation between television use and ethnolinguistic-coping strategies among German speakers in South Tyrol, Italy. The data were collected among secondary school students (N = 415) in 2011. The results indicated that the television use of the students was dominated by the German language. A mediation analysis revealed that TV viewing contributed to the perception of ethnolinguistic vitality, the permeability of intergroup boundaries, and status stability, which in turn affected ethnolinguistic-coping strategies of mobility (moving toward the outgroup), creativity (maintaining identity without confrontation), and competition (fighting for ingroup rights and respect). Findings and theoretical implications are discussed.

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The Politics of Arabic in Israel

10.3366/edinburgh/9781474420860.001.0001 ◽

2017 ◽

Cited By ~ 1

Author(s):

Camelia Suleiman

Keyword(s):

Qualitative Methods ◽

Language Policy ◽

Language Choice ◽

Minority Language ◽

The Other ◽

Official Language ◽

Political Identities ◽

Production Of Knowledge ◽

The One

Arabic became a minority language in Israel in 1948, as a result of the Palestinian exodus from their land that year. Although it remains an official language, along with Hebrew, Israel has made continued attempts to marginalise Arabic on the one hand, and secutise it on the other. The book delves into these tensions and contradictions, exploring how language policy and language choice both reflect and challenge political identities of Arabs and Israelis. It combines qualitative methods not commonly used together in the study of Arabic in Israel, including ethnography, interviews with journalists and students, media discussions, and analysis of the production of knowledge on Arabic in Israeli academia.

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