De Varennes and Hilaria SUPAC (Source: Miryam Yataco)
Canadian Fernand de Varennes is internationally recognized for his research in the fields of human rights and linguistic and conflicts and ethnic minorities, among others. He has worked in many organizations, as the Group of Minority Rights of the United Nations, UNESCO or the High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe (OSCE) and has lectured on language rights in a dozen institutions around the world. Varennes was also director of the Asia-Pacific Center for Human Rights and Ethnic Conflict Prevention and a founding member and responsible publisher of the Journal on Human Rights and the Law. As a world-renowned expert on language rights, has written two reference books in this field: Language, Minorities and Human Rights (1996) and A Guide to the Rights of Minorities and Language (2001). Year 2004 the Institute of Barcelona Linguapax gave him an award for his dedication to the promotion of linguistic diversity and has the prestigious Tip O'Neill Peace Fellowship of INCORE of Derry, Northern Ireland. (Extracted from the Universitat Oberta de Catalunya [06/02/2008])
1. Identify the categories of rights indigenous peoples' language in the context of international law.
2. Describe the linguistic rights in these categories.
3. Explain what these rights mean or mean to their practical applications within the pragmatic actual daily.
was explained why it is so important to talk about "law" when referring to the use of language, with special reference to South America. For example, the College of Santa Cruz (Mexico) from 1536 stood out as a college student and native priests, where classes were taught in three languages: Castilian, Nahuatl Latin, this education program was successful, it was the first grammar Nahuatl (1547), three years before the publication of the first French grammar. However, the English government cut support for the school in 1605 and remained inactive as optimal development of this work. So we are heirs to a English colonial policy and legislation nationalist shows so it's not a natural phenomenon.
Already in 1692 King Charles III issued a royal decree for their territories, prohibiting the use of any language other than Castilian.
quote: Royal Order of Carlos III (May 10, 1770)
"Forasmuch as the Most Reverend Archbishop of Mexico has represented me in a letter of twenty-June 5 of last year, that since in the vast domain of America spread the Catholic Faith, all my sorrow, and the kings lords, my glorious predecessors, and my advice to the Indies, has been publishing laws and royal decrees directing the Viceroys, and diocesan prelates, so as to instruct the Indians in the tenets of our religion Castilian, and be taught to read , and write in this language, which is to be understood, and make unique and universal in the same domain as the characteristic of the kings, and conquerors that everyone in the party respectively touches you, save, implement and execute, and enforce, enforce, and execute timely and effectively stated my real resolution, providing, that certainly put into practice, and watch the media, which are expressed, and has proposed the said most reverend Archbishop of Mexico to once you get to get that different languages \u200b\u200bwill become extinct, that is used in the same domains, and only speak the Castilian as the Law commanded by repeated royal decrees and orders issued in the matter, being aware that at Paragon in who are drawbacks in their practice should representármelo with justification, so that in their intelligence, resolve whatever my real pleasure, because my will assi. Date Aranjuez to May 10 of 1770
I
Dup.do for the kingdoms of the Indies, adjacent islands, and Philippines, are put into practice, and watch the media concern, and proposed the Archbishop of Mexico, to get them to banish the different languages \u200b\u200bused in those domains, and only speak the Castilian "."
However, as can be tested in the present, although minority languages \u200b\u200bare spoken, this shows that the actual legislation was not as successful, but nevertheless, as is well known that languages \u200b\u200bdie out not only the death of their speakers, but when you stop talking, the real policy has reduced the use of most Indian languages.
However, there are three categories of language rights (including in international law)
International law includes treaties concluded by governments for various reasons over time, and because of this, some language issues of global concern have been of great interest for international law.
The three categories of language rights that international law provides are:
A) overlapping Treaties indirectly protecting endangered languages.
For example, in this area is the International Convention for the Safeguarding of Intangible Cultural Heritage of UNESCO in 1972. This Convention active language rights is endangered when the number of individuals for various reasons. However I note a couple of articles that seem relevant:
2. The "intangible cultural heritage", as defined in paragraph 1 above, is manifested inter alia in the following areas:
a) oral traditions and expressions including language as a vehicle of immaterial cultural heritage l;
b) performing arts;
c) social practices, rituals and festive events;
d) knowledge and practices concerning nature and the universe;
e) traditional craftsmanship.
3. The term 'safeguard' measures to ensure the viability intangible cultural heritage, including the identification, documentation , research, preservation , protection, promotion, recovery , transmission, to through formal and non formal education, and revitalization of this heritage various aspects.
B) treaties that protect all languages \u200b\u200bin general
These treaties protect all languages \u200b\u200bin general are mainly developed in multilingual situations. Stresses the European Charter for Regional or Minority Languages \u200b\u200b(1992)
C) human rights treaties result in the use of language
These types of treaties protect languages \u200b\u200band provide or emphasize that education is in L1 (mother tongue) and that teachers are either competent speakers in the L1, when the context is of bilingualism. One example is the language policies of the New Zealand Maori language, some languages \u200b\u200bof North America and Canada, etc..
How develops a language policy?
Now finally, give some scope on what is meant by language planning and language rights and language policies, while that will relate. Through
language planning language policies can be created, successful or not, the latter hide certain features, which already mention, that identifies the respect or the violation of language rights. So
language planning should consider the following relationship presented in this scheme (taken from Einar Haugen, cited by Moreno Fernández [1998: 332])
is, first select the object of planning, ie, a language or variety among such groups within a particular community, then passed to the standardization of the linguistic code: create a grammar, spelling and vocabulary .
Already in the introduction is given the evaluation process, which has to do with the proper instrumentation consisting of allocations of funds for social agencies that support the planning and making appropriate revisions to enact the law or policy. And finally is passed to the development which consists of a series of adaptations to the needs of communication and review if the result is not expected.
However, there is a point of vital importance for identifying a language policy violates or language rights, language planning is made with a certain orientation, either to institutionalize a language to extend the domain of it, or to replacement. (Fishmann 1974)
Well, we know the results of a particular language policy is viewed primarily in education, language planning for it is directed towards these elements diffusers.
When developing an educational program in bilingual contexts is considered the elements of the following scheme:
addition these determinants:
Knowing the presented schemes can be determined linguistically appropriate planning to answer the following questions:
1. What language or languages \u200b\u200b(This encompasses the political and linguistic)
2. MANY hours (This encompasses the language level)
3. In which language (Joint Labor political and linguistic)
4. HOW and WHY THROUGH make teaching subjects (Knowing the social and cultural, with this task to pedagogy and psycholinguistics)
But ... What do linguistic rights?
As noted, through constituent elements of language policies embodied primarily in the education plans can come to know the essence of a right or wrong good or bad language planning. But, let's see what the ontology of language rights:
1. The right to identify with their own language
2. Is to use language in social contexts and relevant policy (such as education and administration)
3. It has a number of resources for a plan (language) possible. (Hamel 1995: 79)
So language rights are part of fundamental human rights, both individual and collective. However, we consider these two fundamental aspects (individual and collective), when discussing an individual level to protect the language rights referred to positively identify with the language and others to respect this condition. Indica and Hamel (1995: 12) at this level involves such fundamental rights:
a) The right of each individual learn and develop their own language.
b) To receive public education through it.
c) to use the official language in socially relevant contexts.
d) To learn at least one of the official languages \u200b\u200bof their country of residence.
Collectively protect the linguistic rights of language communities, these include the following rights:
a) The collective right to maintain their ethnolinguistic identity and otherness.
De Varennes a part of his speech he mentioned something fundamental about the work that must meet government on language rights and their duty to the initiative to make it possible to communicate in the language communities. So says Hamel (1995: 14)-distinguished by two categories own language, location, language rights, "
" As a means of expression in the abstract, ie the right to speak (Turi, 1989 , 1994), the right to language is part of fundamental human rights like the right to freedom of conscience, religion, belief or opinion, as these are considered natural attributes of each individual. When referring to the function communication is the language, however, lose their linguistic rights absolute, fundamental rights, and are associated more with the status of economic, social and cultural rights (cf. Braën 1987: 16) that have to be created an initiative of the State. Fundamental rights can be exercised by an individual, while it is not conceivable to implement language rights to adequate communication in the absence of a language community. "
However, he also said De Varennes the care must be taken when talking about minorities and whether or not the governments to grant their linguistic rights community. On this reluctance, I show an excerpt from Hamel (1995: 16):
"The fact that there is no consensus in the Organization of the United Nations or other international forums on the legal definition of a minority or a language reflects the underlying problem that hinders the debate: the vast majority of nation states are opposed to recognizing the character of people or nation to grant indigenous ethnic minorities and collective rights, since, according to the prevailing view, a recognition this would endanger the unitary nature of the law and the model of homogeneous nation-state; may even create conflicts and ethnic wars and undermine national sovereignty. In many cases, this threat is a myth that the ruling classes used to prevent minority language rights and to obtain otherwise. Admittedly, however, that the conquest of rights and access to resources for exercise may constitute a threat to a certain status quo and the privileges of the ruling classes, particularly in non-democratic "
Being aware of what are essentially language rights in any way we can judge language policies. However, a little further on how to identify the correct use or not the planning language. As noted in table three, we need to focus on one (s) Language (s) of a particular community, for example in a bilingual context we should note the specific language practices used (s) and play (n) the language (s): Contact communicative events, situations of conflict, discrimination and subordination and the processes of displacement and resistance (Hamel 1995: 79), as shown in table four.
Thus these perceptions through language planning are created that do not violate the language rights (individual and collective) and could be converted to posteriori, on solid language policies.
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