Language and Freedom of Expression in International Law

An examination of the relationship between language & the freedom of expression by analyzing the nature of the right & the way it has been interpreted in several countries & in international law. It is suggested that it is inherently illogical to exclude language from the freedom of expr...

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Bibliographic Details
Published in:Human rights quarterly 1994-02, Vol.16 (1), p.163-186
Main Author: de Varennes, Fernand
Format: Article
Language:English
Subjects:
ETHNICITY AND ETHNIC GROUPS
European Commission
Freedom
Freedom of choice
Freedom of Expression
Freedom of speech
Human rights
HUMAN RIGHTS, DECLARATIONS OF HUMAN RIGHTS, AND HUMAN RIGHTS COMMISSIONS (OFFICIAL ORGANIZATIONS)
International Law
Language
Language minorities
Language rights
LANGUAGE, LANGUAGES, LINGUISTICS
Nonnative languages
Sociology
Sociology of law and criminology
Sociology of law and justice
Treaties
WORLDWIDE, 1989 TO PRESENT
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Summary:An examination of the relationship between language & the freedom of expression by analyzing the nature of the right & the way it has been interpreted in several countries & in international law. It is suggested that it is inherently illogical to exclude language from the freedom of expression, because traditionally the medium chosen to express one's ideas or opinions has been acknowledged as within this right's ambit. Just as an artist who chooses to express himself in a particular type of painting, an individual may wish to express himself in a particular language, & any attempt by a State to curtail this individual's choice infringes on his freedom of expression. International & national judicial decisions on language & freedom of expression are considered, & it is shown how these support this conclusion - although it is noted that one must distinguish between the use of language in two areas: in private affairs, any attempt to restrain an individual's language preference is likely to violate his freedom of expression; in the public area, however, where an individual is dealing with the State apparatus, language choices do not involve the freedom of expression, but rather other types of rights, especially the right of nondiscrimination based on language. AA
ISSN:0275-0392
1085-794X
DOI:10.2307/762415