Taking Language Rights Seriously

Meital Pinto, Taking Language Rights Seriously, 25 KLJ 231–254 (2014).

24 Pages Posted: 10 Oct 2014

Date Written: October 5, 2014

Abstract

It is commonly argued that language rights bare unique features that distinguish them from fundamental human rights, and justify interpreting them with judicial restraint. I identify three such alleged features, and show that they subsist in other rights, particularly religious freedom. I argue that since these other rights are justifiably deemed fundamental human rights that should be generously interpreted, so should language rights. I identify a novel claim for the restrained approach, according to which only language rights impose a cultural burden on majority members, but I argue that this burden is not sufficiently heavy to justify treating them differently.

Keywords: language rights, group rights, right to culture, Israel, Canada, Multiculturalism, religious freedom

Suggested Citation

Pinto, Meital, Taking Language Rights Seriously (October 5, 2014). Meital Pinto, Taking Language Rights Seriously, 25 KLJ 231–254 (2014)., Available at SSRN: https://ssrn.com/abstract=2505595

Meital Pinto (Contact Author)

Zefat Academic College ( email )

11 Jerusalem St.
Zefat, 1320611
Israel

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