Linguistic Justice and Minority Language Rights in International Law: Overview and Recent Developments

This paper considers how international law regulates the use of language within states, and particularly how it may protect the rights of linguistic minorities. I consider a range of international legal provisions and demonstrate how these laws offer possibilities for linguistic minorities seeking to use their own languages within states that have different dominant or official languages. At the same time, I identify important limitations in the conceptual framework of international law which limit its operation in this field. In spite of these limitations, however, there is increasing interest among international bodies in the protection of language rights. I note the work of the UN Special Rapporteur on Minority Issues and the Council of Europe, as well as work of the World Health Organization and the Committee on Economic, Social and Cultural Rights during the Covid-19 pandemic. These pandemic-related developments in the law regarding the right to linguistic non-discrimination with respect to the right to health are important for the protection of language rights. However, by emphasising the instrumental significance of language, these developments may also limit claims to protect language on other grounds, such as the cultural or identity-related significance of language to minority groups.