(Indigenous) Language as a Human Right

84 Pages Posted: 21 Sep 2020 Last revised: 22 Sep 2020

See all articles by Kristen A. Carpenter

Kristen A. Carpenter

University of Colorado Law School; UN Expert Mechanism on the Rights of Indigenous Peoples

Alexey Tsykarev

Department of Linguistics; Permanent Forum on Indigenous Issues

Date Written: Spring , 2020

Abstract

The United Nations General Assembly has proclaimed 2022-2032 as the International Decade of Indigenous Languages. Building on lessons of the International Year of Indigenous Languages of 2019, the Decade will "draw attention to the critical loss of indigenous languages and the urgent need to preserve, revitalize and promote indigenous languages." These actions are necessary, in part, because existing laws and policies have proven inadequate to redress the legacy of state suppression of indigenous languages or ensure nondiscrimination in contemporary usage. In light of the International Year and Decade, this Article explores the rights of indigenous peoples to "use, revitalize, and transmit their languages, "as recognized in the UN Declaration on the Rights of Indigenous Peoples and other human rights instruments. The Article considers how a better understanding of the human rights dimensions of the problem - and especially a more thoughtful approach to the "implementation" of human rights in both law and society - could help to advance remedial and ongoing measures toward the realization of indigenous peoples’ language rights going forward.

Keywords: Human rights, Indigenous Peoples, American Indians, Native Americans, Federal Indian Law, Language Rights

Suggested Citation

Carpenter, Kristen A. and Tsykarev, Alexey, (Indigenous) Language as a Human Right (Spring , 2020). UCLA Journal of International Law and Foreign Affairs, Vol. 24, No. 49, 2020, U of Colorado Law Legal Studies Research Paper No. 20-45, Available at SSRN: https://ssrn.com/abstract=3649091

Kristen A. Carpenter (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States
(303) 492-6526 (Phone)

HOME PAGE: http://lawweb.colorado.edu/profiles/profile.jsp?id=368

UN Expert Mechanism on the Rights of Indigenous Peoples ( email )

Geneva
Switzerland

HOME PAGE: http://https://www.ohchr.org/en/issues/ipeoples/emrip/pages/emripindex.aspx

Alexey Tsykarev

Department of Linguistics ( email )

1070 Edinboro Drive
Boulder, CO 80309
United States

Permanent Forum on Indigenous Issues ( email )

New York, NY 10017
United States

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