Bromberg & Associates | The Role of Languages in Protecting Human Rights Worldwide
Bromberg & Associates | The Role of Languages in Protecting Human Rights Worldwide

The Role of Languages in Protecting Human Rights Worldwide

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Introduction

Bromberg & Associates | The Role of Languages in Protecting Human Rights Worldwide

Language is more than a tool for communication – it is a vessel for culture, identity and memory. When groups are prevented from using or learning their own language, they can lose access to community, education and justice. The Office of the High Commissioner for Human Rights (OHCHR) describes linguistic rights as human rights that oblige governments to respect and use minority languages and to refrain from interfering with their use. The International Covenant on Civil and Political Rights (ICCPR) echoes this by stating that people belonging to ethnic, religious or linguistic minorities “shall not be denied the right…to use their own language”. Yet in many societies dominant languages have been privileged while minority and Indigenous languages have been marginalized.

This blog examines how the recognition and promotion of languages play a crucial role in protecting human rights around the globe. It outlines international legal frameworks, explores the importance of mother‑tongue education and sign language rights, highlights access to justice and healthcare, and describes recent advances and ongoing challenges. A global lens reveals that language rights are not a niche issue; they underpin equality, dignity and social inclusion.

International frameworks protecting language rights

Universal human rights instruments

Modern human rights law developed in an environment of nation‑states and dominant languages. The Universal Declaration of Human Rights (UDHR) was silent on minority language rights and early drafts that mentioned them were removed. The ICCPR therefore provides the primary global standard: Article 27 ensures that minorities may enjoy their own culture and use their own language. Although modest, this article is a foothold for advocates and has been cited in court cases arguing for the right to interpretation and education in one’s mother tongue.

OHCHR guidance and state obligations

The OHCHR Practical Guide frames linguistic rights as fundamental to dignity, liberty, equality and identity. It emphasizes that states must:

  • Respect language rights – they must not interfere with individuals’ freedom to use their language nor restrict languages to private domains.
  • Protect speakers against discrimination and ensure proportionality between the presence of minority languages and their use in public services.
  • Promote linguistic diversity by legislating, providing services proactively and offering complaint mechanisms.

These obligations recognize that mere tolerance is inadequate. Sociolinguist Heinz Kloss distinguished between tolerance‑oriented rights (e.g., the state refrains from banning a language) and promotion‑oriented rights (the state actively supports a language). Stephen May notes that many states cling to tolerance while limiting minority languages to private spheres; without promotion, minority languages decline.

Regional and thematic treaties

  • European Charter for Regional or Minority Languages (1992). The charter’s preamble calls regional and minority languages an “inalienable cultural heritage” and affirms the right to use them in private and public life. Article 7 obliges states to recognize these languages as cultural wealth, respect historical territories and encourage their use in education, courts, public administration and media.
  • UN Declaration on the Rights of Indigenous Peoples (UNDRIP, 2007). Article 13 states that Indigenous peoples have the right to revitalize, use, develop and transmit their languages and histories, and governments must ensure this through interpretation or other measures. Article 14 affirms their right to establish educational institutions and provide education in their own languages, with states ensuring Indigenous children have access to such education.
  • Convention on the Rights of Persons with Disabilities (CRPD). Article 21 emphasizes that states should recognize and promote sign languages in official interactions and facilitate the use of sign language and Braille. Article 24 requires education systems to adopt sign language and support the linguistic identity of deaf communities. These provisions underpin the global movement for the legal recognition of national sign languages.

UNESCO and the International Decade of Indigenous Languages

UNESCO warns that a language disappears every two weeks and that this threatens cultural heritage and knowledge transmission. Its guidance on multilingual education notes that multilingualism is a fundamental human characteristic and encourages ministries of education to integrate mother‑tongue instruction for inclusive, equitable systems. Recognizing the severity of language endangerment, the UN General Assembly proclaimed 2022–2032 as the International Decade of Indigenous Languages (IDIL). UNESCO explains that 40 % of the world’s 6,700 languages are endangered, most of them Indigenous, and that revitalizing these languages is essential for sustainable development, peacebuilding and human rights. IDIL calls on governments, academia and communities to collaborate on policies, documentation and education to support language rights.

Mother‑tongue and multilingual education

Learning in one’s mother tongue fosters cognitive development and improves educational outcomes. UNESCO emphasizes that teaching children in their first language increases inclusion and builds self‑esteem, while promoting social cohesion. When education systems ignore learners’ languages, children can fall behind academically and disengage from school. Conversely, multilingual education builds bridges between communities and enhances economic opportunities.

Several countries have enacted policies to reflect these principles. Armenia’s “cultural diversity” program supported minority‑language teaching in approximately 170 schools in 2024, coupled with cultural events and government funding. Yet the Council of Europe’s monitoring body found that both Armenia and Slovakia need more qualified teachers and broader use of minority languages in courts, administration and media. The Cornish language illustrates how official recognition can catalyze revival: in November 2025 the UK government submitted Kernewek for the highest protection under the European charter. Under part III status, governments must actively promote the language in education, courts, public administration and media. Cornwall’s council celebrated that the decision “sends a strong message” that the language matters and noted rising enrolment in Cornish classes and online dictionary searches.

Language rights of Indigenous peoples and minorities

Indigenous languages embody unique worldviews and are central to cultural survival. UNDRIP Articles 13–14 confirm Indigenous peoples’ rights to revitalize and teach their languages. States must therefore support mother‑tongue education, fund community‑led language schools, and provide interpretation in legal and administrative proceedings. During UNESCO’s International Mother Language Day in 2025, representatives from Indigenous communities stressed that language rights are essential for social inclusion and development and that learning in one’s mother tongue builds a more peaceful and inclusive world.

Despite these obligations, many governments have historically restricted minority languages to private life, forcing speakers to shift to the majority language. Policies of forced assimilation—such as residential schools that punished Indigenous children for speaking their language—have left intergenerational trauma. Today, community‑led revitalization movements are reclaiming languages through immersion schools, digital apps and cross‑border collaborations. The IDIL has catalyzed funding for such efforts, and some states have passed legislation recognizing Indigenous languages as official; for instance, New Zealand has long recognized Māori, and countries such as Bolivia recognize multiple Indigenous languages in their constitutions.

Sign language rights and legal recognition

Sign languages are natural languages with their own grammar and cultural communities. The CRPD obliges states to recognize and promote national sign languages. The World Federation of the Deaf (WFD) reports that by November 2025, 82 countries (about 42 % of states) legally recognize their national sign language. Recent enactments include amendments recognizing Azerbaijani Sign Language and Bolivian Sign Language as official languages, a Cuban law aligning with the constitution and the CRPD, and constitutional recognition of sign language in Lesotho. Japan’s 2025 local government law and Kenya’s constitution and recent bills further promote sign language rights.

The WFD’s International Week of Deaf People 2025 adopted the theme “No Human Rights Without Sign Language Rights,” underscoring that deaf people’s human rights cannot be realized without access to sign language. Daily topics highlighted deaf‑led advocacy, multilingual education for deaf learners and the need for sign language access during crises. By recognizing sign languages and providing interpreters, governments fulfil CRPD obligations and empower deaf communities to access education, justice and culture on an equal basis.

Access to justice and public services

Fair trials and equal access to public services require accurate communication. Courts that operate in a dominant language without interpretation risk miscarriages of justice. A 2024 legal article stresses that non‑English speakers face barriers distinguishing between federal, state and local services; bilingual court staff and interpreters bridge these gaps. Certified bilingual interpreters ensure that defendants’ rights are upheld and that juries understand testimony. Rachel Rossi, director of the U.S. Office for Access to Justice, observed that “access to justice means access to legal assistance…but it also means language access”.

Healthcare and social services also rely on linguistic accessibility. In April 2024 the U.S. Department of Health and Human Services issued a final rule under Section 1557 of the Affordable Care Act. By July 5 2025 all healthcare providers receiving federal funds must provide a Notice of Availability informing participants of free language assistance services and auxiliary aids, displayed both in English and in at least the 15 most common non‑English languages in each state. The notice must accompany key documents such as privacy policies, intake forms, consent forms and discharge papers. This rule recognizes that patients need language assistance to understand medical procedures, consent forms and billing, thereby preventing misdiagnoses and ensuring informed consent.

Restrictive policies and linguistic discrimination

Language policies can also violate human rights. On 1 March 2025 U.S. President Donald Trump signed Executive Order 14224 declaring English the official language of the United States. A human rights analysis warns that the order undermines the availability of translation services in courts, healthcare and social services, aggravates linguistic profiling and threatens Indigenous language revitalization. The policy could violate equal‑protection guarantees and Title VI of the U.S. Civil Rights Act, which prohibit discriminatory practices that disproportionately affect minority communities. Such cases illustrate how language rights are intertwined with broader anti‑discrimination norms.

Emerging challenges: digital rights and artificial intelligence

Language rights extend into the digital realm. Online platforms and artificial intelligence (AI) often prioritize dominant languages, marginalizing smaller languages and cultural perspectives. In its 2025 Joint Statement on AI and Human Rights, the Freedom Online Coalition urged states and companies to ensure that AI systems promote, protect and preserve linguistic and cultural diversity. It calls for balanced training data and bias‑mitigation so that AI systems “advance, protect, and preserve linguistic and cultural diversity, taking into account multilingualism” throughout their lifecycle. Without such safeguards, AI could entrench linguistic discrimination and limit access to information for speakers of less‑resourced languages.

Conclusion: protecting languages to protect rights

Language rights are an integral part of the human rights framework. They enable individuals and communities to maintain their identity, participate in public life and access justice, education and healthcare. International instruments such as the ICCPR, UNDRIP, CRPD and the European Charter establish minimum standards, while UNESCO and OHCHR provide guidance for implementation. Recognition of sign languages and Indigenous languages, multilingual education programs, and legal obligations to provide interpretation are concrete measures that turn these standards into reality. Yet challenges remain: assimilationist policies, underfunding of minority‑language schools, discriminatory official‑language decrees, and digital systems that ignore linguistic diversity threaten these gains.

As we progress through the International Decade of Indigenous Languages, states and societies have the opportunity—and obligation—to revitalize and safeguard languages. This includes legislating promotion‑oriented rights, investing in teacher training, providing interpretation in courts and hospitals, recognizing sign languages, and ensuring that digital technologies respect and support multilingualism. By protecting languages, we uphold the right to identity, cultural heritage and dignity for all people.

 

List of referenced links

  1. OHCHR – Language Rights of Linguistic Minorities: A Practical Guide for Implementation – https://www.ohchr.org/sites/default/files/Documents/Issues/Minorities/SR/LanguageRightsLinguisticMinorities_EN.pdf
  2. OHCHR – International Covenant on Civil and Political Rights (ICCPR), Article 27 – https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
  3. GlobaLex/NYU – “Language Rights as Human Rights” – https://www.nyulawglobal.org/globalex/Language_Rights.html
  4. Council of Europe – European Charter for Regional or Minority Languages – https://www.coe.int/en/web/european-charter-regional-or-minority-languages
  5. World Federation of the Deaf – The Legal Recognition of National Sign Languages – https://wfdeaf.org/the-legal-recognition-of-national-sign-languages/
  6. World Federation of the Deaf – International Week of Deaf People 2025 – https://wfdeaf.org/international-week-of-deaf-people-2025/
  7. UNESCO – Dialogue on Linguistic Rights of Indigenous Peoples in Chile (2025) – https://www.unesco.org/en/articles/unesco-promotes-dialogue-linguistic-rights-indigenous-peoples-chile
  8. UNESCO – New Report Calls for Multilingual Education to Unlock Learning and Inclusion (2025) – https://www.unesco.org/en/articles/new-unesco-report-calls-multilingual-education-unlock-learning-and-inclusion
  9. UNESCO – International Decade of Indigenous Languages (2022–2032) – https://www.unesco.org/en/decades/indigenous-languages/about/idil2022-2032
  10. LTI Blog – Language Proficiency in the Courts Is Critical in Delivering Justice and Minimizing Risks (2024) – https://www.languagetesting.com/blog/language-proficiency-in-the-courts-is-critical-in-delivering-justice-and-minimizing-risks/
  11. Morgan Lewis – Affordable Care Act Section 1557: New Language Accessibility Requirements (2025) – https://www.morganlewis.com/blogs/healthlawscan/2025/01/affordable-care-act-section-1557-new-language-accessibility-requirements
  12. Human Rights Research Center – Lost in Translation: Language Discrimination and the Human Right to Access (2025) – https://www.humanrightsresearch.org/post/lost-in-translation-language-discrimination-and-the-human-right-to-access
  13. Council of Europe – More Work Needed on Minority-Language Education in Armenia and Slovakia (2025) – https://www.coe.int/en/web/portal/-/more-work-needed-on-minority-language-education-in-armenia-and-slovakia-1
  14. The Guardian – Cornish Language to Get Same Protected Status as Welsh, Irish and Scottish Gaelic (2025) – https://www.theguardian.com/uk-news/2025/nov/30/cornish-language-kernewek-part-iii-status-protected-european-charter
  15. Freedom Online Coalition – Joint Statement on Artificial Intelligence and Human Rights (2025) – https://freedomonlinecoalition.com/joint-statement-on-ai-and-human-rights-2025/
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