Linguistic diversity in the UK and Ireland - does the meaning of equality get lost in translation?

McDonagh, Luke 2010. Linguistic diversity in the UK and Ireland - does the meaning of equality get lost in translation? Healy, Geraldine, Kirton, Gill and Noon, Mike, eds. Equality, Inequalities and Diversity: Contemporary Challenges and Strategies, Basingstoke: Palgrave Macmillan, pp. 37-55.

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Abstract

This chapter examines the law in the area of linguistic diversity in the UK and Ireland, with particular focus on the provision of language services such as interpretation and translation . While English remains the dominant language, there are a vast number of minority languages spoken within both states. However, as noted over the course of this chapter, while there is a diverse range of minority languages, the legal status of each language is not equal in either the UK or Ireland. In fact, there are two distinct legal frameworks. The legal framework to be used depends upon the category the language falls into. One model covers the category of ‘indigenous’ or ‘regional’ minority languages , such as the Celtic languages of Welsh, Scots-Gaelic and Irish . The other framework generally covers the languages of immigrants, and for the purpose of this chapter these languages are described as ‘immigrant’ languages. However, to some extent it is arguable that the terms ‘indigenous’ and ‘immigrant’ are unsatisfactory. For instance, Barbour has noted that it is unclear how long a language must be present in a territory before it is described as ‘indigenous’. Hence, the terms ‘indigenous’ and ‘immigrant’ are used with some trepidation in this chapter and these terms are used purely for the purposes of offering a critique on whether such a distinction is necessary and justifiable. This chapter also assesses the relevant European and international jurisprudence on language rights, which includes issues of minority rights as well as cultural heritage measures. For instance, the significance of minority language rights in Europe is examined, with particular reference to the provisions of the Charter for Regional and Minority Languages, which was enacted by the Council of Europe in 1992. It has been argued that the distinction between categories of language, as identified above, is mirrored to some extent at the European level. However, it is further arguable that from a minority rights perspective, the provision of two distinct models, dependent on whether a language is classed as ‘indigenous’ or ‘immigrant’, is not desirable. This chapter argues that a single, general right to linguistic diversity may be preferable. In addition, recent European jurisprudence appears to point in this direction. Regarding the issue of linguistic heritage, it is possible that certain provisions for the promotion of particular languages are objectively justifiable, when framed within an internationalist and universal cultural heritage model. Measures that are enacted for ‘mere’ nationalistic grounds or measures that do not have the specific aim of promoting or safeguarding an endangered language may not be acceptable within a universal cultural heritage framework. Furthermore, it is possible that an international cultural heritage perspective, considered in the light of the UNESCO Convention on the Safeguard of the Intangible Heritage, 2003, has the potential provide a framework for a heritage-based language policy. This chapter concludes with an assessment of the current legislation of the UK and Ireland in light of this internationalist perspective. Ultimately, this chapter argues that it may be justifiable to treat some languages unequally, but only in limited circumstances, and only so far as any ‘dissenting voices’ are properly taken into account.

Item Type:	Book Section
Date Type:	Publication
Status:	Published
Schools:	Law
Subjects:	J Political Science > JA Political science (General) K Law > K Law (General) K Law > KD England and Wales K Law > KD England and Wales > KDC Scotland
Publisher:	Palgrave Macmillan
ISBN:	9780230231078
Last Modified:	19 Mar 2016 23:41
URI:	https://orca.cardiff.ac.uk/id/eprint/60866

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