Rethinking language rights in the international order

Abstract

In a world where mastery of the dominant language has become an implicit prerequisite for social and civic inclusion, linguistic rights remain relegated to the periphery of international law. Their partial recognition – often subordinated to other fundamental freedoms such as non-discrimination or freedom of expression – confines them to a derivative and residual status, reducing them to mere functional accessories of coexistence. Yet speaking one’s language is not a matter of identity privilege, but a fundamental human right – a right to existence, to memory, to dignity. Through a cross-analysis of migration policies, national and international jurisprudence, and regional normative frameworks, this paper interrogates the actual scope of the guarantees afforded to linguistic communities. It seeks to deconstruct the implicit hierarchy that pits so-called "universal" rights against so-called "cultural" rights, and highlights the exclusionary logics this dichotomy produces. The paper argues that linguistic rights must be conceived not as adaptive concessions, but as normative pillars in their own right – inseparable from freedom of expression, the right to a fair trial, and meaningful political participation. In contrast to functionalist readings, this paper calls for the reintegration of language into the central architecture of human rights: not merely as a communicative tool, but as a vehicle of recognition and democratic plurality.