Is speaking one's own language(s) a right?

Abstract

Political theorists have barely addressed whether migrants have the right to use their original language(s) in the public sphere. My goal in this article, then, is to test what does it mean or imply to say that A has a right to use her language. Making use of Hohfeld's scheme of rights and considering Kloss' idea that language rights are closely dependent upon which sphere is at stake (either public or private sphere), I propose a basic scheme of language rights and liberties. In this work, I argue for two main points. First, that speaking one's own language should be considered both a liberty and a right in the private sphere as a tolerance-oriented right. Second, that using one's own language should neither be considered a right, nor a liberty enjoyed by everyone in the public sphere. To recognise such a thing would suppose supporting a universal promotion-oriented language right. In this regard, I distinguish between migrant and long-settled national language groups. I argue that only members of the latter should be prima facie entitled to a right and liberty to use their own languages in public settings. Finally, I offer a preliminary approach to permissible language policies to secure migrant's language rights and liberties.