Confusion of Tongues: Constitutional Recognition of Languages and Language Rights in Australia

2013 ◽  
Vol 41 (2) ◽  
pp. 333-361 ◽  
Author(s):  
Alexander Reilly

This article considers the YouMeUnity Report proposal for the inclusion of new language provisions in the Australian Constitution as part of a package of reforms for the constitutional recognition of Aboriginal and Torres Strait Islander people. The article outlines the important symbolic and substantive effects of recognising language rights in the Constitution. The article explains how the recognition of a national language and the recognition of minority languages are conceptually distinct — promoting a national language is aimed at promoting national unity and enhancing the political and economic participation of individuals in the state, whereas protecting minority languages is aimed at recognising linguistic diversity, enriching the cultural life of the State, maintaining connections with other nations, and recognising language choice as a basic human right. The article argues that there is a strong case for minority language recognition, and in particular, the recognition of Aboriginal and Torres Strait Islander languages, in the Australian Constitution, but warns against the recognition of English as the national language.

Ethnicities ◽  
2016 ◽  
Vol 17 (5) ◽  
pp. 603-626 ◽  
Author(s):  
Philip McDermott

Debates on language rights as integral elements of human rights have gathered momentum since the early 1990s. International organisations such as the Council of Europe (CoE) and the United Nations (UN) have advocated linguistic rights through various charters and conventions, albeit with wavering levels of success. This article focuses specifically on the European context and the manner in which the CoE has dealt with language rights in the continent. The European Convention on Human Rights (ECHR), the European Charter for Regional and Minority languages (ECRML) and the Framework Convention for the Protection of National Minorities (FCPNM) are discussed in light of the region’s contemporary linguistic makeup. Current inequalities in the application of language recognition provide an area of special concern. For example, while speakers of ‘indigenous’ (or autochthonous) minority languages have apparently enjoyed an improving status in recent decades, the position of immigrant (or allochthonous) languages is less clear and current approaches largely ignore linguistic diversity which has been brought by recent mass migration patterns, leading to a somewhat exclusionary system. Through the discussion possible pathways for better inclusion of immigrant languages within current international frameworks, especially those of the CoE, are explored.


2018 ◽  
Vol 12 (1) ◽  
pp. 14-35 ◽  
Author(s):  
Robert Phillipson

Summary The article analyses whether the expansion of English is adding to linguistic repertoires, or whether a process of linguistic capital dispossession of national languages is taking place. It explores the role that discourses of ‘global English’ and of English as a ‘lingua franca’ play in processes of global and regional European integration. It considers whether the linguistic capital of all languages can be made productive when in much of Europe there is a marked downgrading of the learning of foreign languages other than English, alongside the continued neglect of many minority languages. Language pedagogy and language policy need to be situated within wider political, social and economic contexts. EU schemes for research collaboration and student mobility are of limited help in maintaining linguistic diversity. The Bologna process furthers European integration but intensifies the hegemony of English. Nordic universities are moving into bilingual education, combining English with a national language. The 2006 Declaration on a Nordic Language Policy aims at ensuring that Nordic languages and English develop in parallel, that all residents can maintain their languages, and that language policy issues should be widely understood. If neoliberalism and linguistic neoimperialism are determining factors, there are challenges in maintaining the vitality of languages, and organizing school and university education so as to educate critical multilingual citizens.


2018 ◽  
Vol 30 (4) ◽  
pp. 40-60
Author(s):  
Christopher Houtkamp ◽  
László Marácz

In this paper a normative position will be defended. We will argue that minimal territorial minority language rights formulated in terms of the personality principle referring to traditional minority languages granted in the framework of the European Union (EU) are a benchmark for non-territorial linguistic rights. Although territorial minority languages should be granted collective rights this is in large parts of Europe not the case. Especially in the Central and Eastern European Member States language rights granted to territorial languages are assigned on the basis of personal language rights. Our argumentation will be elaborated on the basis of a comparative approach discussing the status of a traditional territorial language in Romania, more in particular Hungarian spoken in the Szeklerland area with the one of migrant languages in the Netherlands, more in particular Turkish. In accordance with the language hierarchy implying that territorial languages have a higher status than non-territorial languages both in the EUs and Member States’ language regimes nonterritorial linguistic rights will be realized as personal rights in the first place. Hence, the use of non-territorial minority languages is conditioned much as the use of territorial minority languages in the national Member States. So, the best possible scenario for mobile minority languages is to be recognized as a personal right and receive full support from the states where they are spoken. It is true that learning the host language would make inclusion of migrant language speakers into the host society smoother and securing a better position on the labour market. This should however be done without striving for full assimilation of the speakers of migrant languages for this would violate the linguistic rights of migrants to speak and cultivate one’s own heritage language, violate the EUs linguistic diversity policy, and is against the advantages provided by linguistic capital in the sense of BOURDIEU (1991).


2002 ◽  
Vol 8 (2) ◽  
pp. 9 ◽  
Author(s):  
Gillian Boulton-Lewis ◽  
Hitendra Pillay ◽  
Lynn Wilss ◽  
David Lewis

Health is considered to be a fundamental human right and developing a better understanding of health is assumed to be a global social goal (Bloom, 1987). Yet many third-world countries and some sub-populations within developed countries do not enjoy a healthy existence. The research reported in this paper examined the conceptions of health and conceptions of illness for a group of Aboriginal, Torres Strait Islander, and Papua New Guinea university students studying health science courses. Results found three conceptions of health and three conceptions of illness that indicated these students held a mix of traditional/cultural and Western beliefs. These findings may contribute to overcoming the dissonance between traditional and Western beliefs about health and the development of health care courses that are more specific to how these students understand health. This may also serve to improve the educational status of Aboriginal and Torres Strait Islander people and potentially improve the health status within these communities.


2021 ◽  
pp. 3-19
Author(s):  
Halyna Shumytska ◽  

This article explores trends in language policies in the Transcarpathian region during 1991–2020 within the general Ukrainian sociopolitical context. It is argued that the status of the Ukrainian language as the state language in the region has become strengthened as evidenced by recent developments in language planning and language policy, including the adoption of the Law “On Ensuring the Functioning of the Ukrainian Lan-guage as the Official Language”. However, the manipulation of the language question in Ukraine, especially in the border regions, has taken on a political character, spreading beyond the borders of the state, threatening the constitutional order and the state sovereignty of Ukraine, in particu-lar in education, economics, and legal sphere. In Transcarpathia, a multi-ethnic border region in the extreme west of Ukraine, warrants attention of both scholars and politicians. This article looks into the changes in the Ukrainian language policies in the local state administration, and the importance of the Ukrainian president office in this regard. Specific features of the linguo-political situation in Transcarpathia, viewed at different periods of its development from the independence of Ukraine in 1991 on-ward, are presented. This study determines the role of the media in shaping a regional linguo-political situation, including the Internet media language space. The paper provides data of a comprehensive analy-sis of the results of the 2017–2019 external independent evaluation as an indicator of language competence of the participants of EIE, the results of research on the perception of educational language innovations in the region through a survey of different categories of respondents during 2018, the monitoring of experimental experience in implementing elements of multilingual edu-cation in educational institutions in Ukraine, particularly in Transcarpathia. The author outlines prospects for continued research in the framework of the project “Debat ing Linguistic Diversity: Managing National Minority Languages in Ukraine and Russia” (2020–2023). Keywords: language policy, language situation, state language, mother tongue, minority language, multilingual education, mass media.


2020 ◽  
pp. 29-41
Author(s):  
Maiia Moser

The purpose of the article is to analyze the linguistic situation in Ukraine and to discuss its relation to Ukrainian statehood. The current language situation mirrors the socio-political situation in Ukraine and interrelates with language legislation as practiced by Ukrainian institutions of state power. As of today, language legislation is one of the most powerful tools to strengthen the state and increase national stability. In Ukraine language was, is and continues to be a cornerstone of national unity and national security. At present, the Ukrainian language is widely believed to be essential for the persistence of the Ukrainian ethnos. It is an important tool for the consolidation of Ukrainian collective consciousness and the spiritual unity of society. Ukrainian society, which is faced with a number of serious problems, needs a revision of its state-building strategy for the sake of national security. A consolidation of Ukrainian society and a clear national idea is key for a prosperous future of Ukraine. The ethnos is the power of the nation. There is no state without a nation. Language plays a significant role for the conservation of the ethnic identity of a nation and its organization in a state. Namely, the civic society of a state has common interests, values, ideas, emotions etc., which are shared in the process of societal communication based on symbolic messages. These symbolic messages have to be codified in a state language, because, according to Wilhelm von Humboldt, language is the expression of the spirit of a people. Language reflects the level of the power of spiritual energy for the consolidation of national strength. All state mechanisms (the governmental apparatus, administrative and financial institutions) should guarantee the effective functioning of the Ukrainian state language in all spheres of societal life of Ukraine. As far as minority languages are concerned, the state can only guarantee their free development and their protection from suppression, but is not obliged to take on maximum obligations. In this study we discuss how linguistic and legal problems interrelate with basic human rights and freedom and how a consolidated language policy serves the national interests of Ukrainian society. The experience of the last decades, namely the period of Russian aggression against Ukraine, shows how different political forces use language legislation, e.g., the European Charter for Regional or Minority Languages, with manipulative intentions. National identity is constructed by such crucial parameters as language, historical experience and faith. According to current surveys, the majority of Ukrainians share distinctly pro-European views, although modern Ukrainian society is still shaken by disinformation and fake news. We offer a list of proposals that will help to consolidate national security in Ukraine.


Over the few past centuries, and the last 65 years in particular, there has been a remarkable reduction in global linguistic diversity, as people abandon minority language varieties and switch to larger, and what they perceive to be more economically, socially and politically powerful, regional or national languages. In addition, governments have been promoting standardised official languages for use in schooling, media, and bureaucracy, often under a rubric of linguistic unity supporting national unity. The last two decades have seen a significant increase in interest in minority languages and language shift, endangerment, and loss, in academia and among language speakers and the wider public. There has also been growing interest from anthropological linguists and sociolinguists in the study of language ideologies and beliefs about languages. This volume brings together chapters on theoretical and practical issues in these two areas, especially the views of linguists and communities about support for and revitalization of endangered languages. The chapters thus go straight to the heart of ideological bases of reactions to language endangerment among those most closely involved, drawing their discussions from case studies of how language ideologies and beliefs affect language practices (and vice versa). Most of the authors conduct collaborative community-based research and take a reflective engagement stance to investigate (potential) clashes in ideological perspectives. This is one of the key theoretical and practical issues in research on endangered languages, and so has important implications for language documentation, support and revitalization, as well as language policy at local, national and international levels.


2012 ◽  
Vol 36 (2) ◽  
pp. 136-148 ◽  
Author(s):  
Eduardo D. Faingold

The constitutions and legislative statutes of the fifty states in the United States are given an exhaustive screening to identify legal language defining the linguistic obligations of the state and the language rights of individuals and groups. The author suggests that in the United States, “hands-off” is good language policy not only nationwide but also statewide because states adopting a hands-off linguistic policy are consistent with the Constitution of the United States while states adopting a “hands-on” policy are in conflict with it. States adopting hands-on language legislation in their constitutions or statutes are deemed to be “nativist” because they seem unfavorable toward speakers of minority languages, while states adopting a hands-off policy are “non-nativist” because they seem favorable (or at least neutral) toward speakers of minority languages.


2018 ◽  
Vol 13 (1) ◽  
pp. 14-58
Author(s):  
Tove Skutnabb-Kangas

Summary Aiming at the maintenance of biodiversity and healthy ecosystem in the world – vital issues of the 21st century – it is important to preserve linguistic diversity and prevent the increasing language endangerment, thus ensuring the support of linguistic human rights. The author presents a comprehensive explanation of the key terms related to linguistic diversity and language ecology and investigates if educational language rights in international and regional Charters/Conventions support the maintenance of indigenous, tribal and minority languages (the world’s linguistic diversity), thus preventing language endangerment. The answer is that most educational systems in the word today support linguistic genocide in relation to indigenous, tribal and minority children’s language rights, by providing subtractive education as capability deprivation (according to Amartya Sen), which leads to poverty and violation of human rights in general. The author also argues why linguistic diversity and language rights are important for the maintenance of biodiversity and thus a healthy ecosystem.


THE BULLETIN ◽  
2020 ◽  
Vol 5 (387) ◽  
pp. 226-232
Author(s):  
О. Artemenko ◽  
◽  
S. Аnzorova ◽  
P. Gasanova ◽  
М. Nikitina ◽  
...  

In modern conditions of the world economy's monopolization, sanctions, the flow of external migration of the labor force is an urgent problem of the necessity at the state level to preserve the cohesion and unity of the multiethnic Russian society. The article examines the historical development of Russia, where the school as a social institution performs not only an educational function but also the role of consolidating the multiethnic composition of the state. Russian language and culture fulfill this role through the school. Russian is historically considered as the language of integration of nations who have passed their ethnoge- nesis on the territory of Russia, their spiritual and cultural rapprochement with the Russians by the method of N. I. Ilminsky while preserving the native languages of students. Performing the function of consolidation, the Russian language acted as an integrator of nations, not their assimilator, as evidenced by statistics on the actual existence of more than 230 languages and dialects of nations. The article notes that in Russian politics before the reconstruction period, the school, performing a conso-lidating function, was a tool for leveling the ethnic characteristics of students, through unitary language training, forming national-Russian bilingualism. The analysis of scientific sources shows that such conditions before the reconstruction period led to objective facts not manifestations of interethnic conflicts. Also, during the entire Soviet period, literary languages were created and developed, and dialects were preserved to some extent, but, unfortunately, the functions of native languages were narrowed in social spheres. Describing the post-soviet period, cultural and linguistic diversity is noted, which is a significant source of social conflicts and political discussions. Under these conditions, cultural and linguistic state homogeneity becomes a subject of dissatisfaction in the public life of speakers of minority languages. The problem arises as to how to guarantee the participation of each language group in the life of a multilingual society with their socio-cultural integration, without violating international human rights legislation.


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