Direitos linguísticos e sua permeabilidade no sistema interamericano de proteção dos direitos humanos: um estudo no âmbito da CIDH

• Autor(a) principal: Silva, Lia Nara Figuerêdo da
• Data de Publicação: 2021
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFS
• Texto Completo: https://ri.ufs.br/jspui/handle/riufs/15152
• topic: Direito linguístico; Direitos humanos; Sistema Interamericano de Proteção dos Direitos Humanos; Conflitos linguísticos; Minorias linguísticas; Linguistic rights; Human rights; Inter-American Human Rights System; Linguistic conflicts; Linguistic minorities; LINGUISTICA, LETRAS E ARTES::LETRAS

After the Second World War, the theme of minority conquests took a strong position in the debates on the recognition and legitimation of cultural diversity around the world, especially with regard to linguistic minorities. In this perspective, we propose to analyze the complaints of violations of Linguistic Rights admitted by the Inter-American Commission on Human Rights - IACHR, throughout its 50 years of existence, with the central objective of identifying the notion of linguistic right with which it operates (ed) the IACHR in processing complaints against member states of the Organization of American States (OAS). We understand that the study of Linguistic Rights demands a transdisciplinary approach, due to the nature of this field that is located at the intersection between Law and Linguistics, therefore, this research uses a range of theoretical currents that work together to elaborate an understanding on linguistic rights as human rights. Therefore, we believe that the legal contextualization in terms of international law is fundamental for the understanding of the analysis undertaken and, for that, we resort to the studies of Piovesan (2013) and Ramos (2014). In this documentary research, we consider that many linguistic conflicts that generate the complaints brought to the IACHR materialize through the action and/or deliberate omission of the States, to the detriment, mainly, of indigenous communities, immigration, refugees and other groups whose languages, rare, they do not even enjoy legal status in the planning of those countries in which they find themselves. In order to develop a theoretical reflection on linguistic rights, we used the concepts of Abreu (2018, 2019, 2020), Skutnabb-Kangas; Phillipson (1995) and Arzoz (2009). In this study, we are also interested in the theoretical currents that deal with linguistic minorities, Varennes (2012); linguistic conflict, Dubinsky and Davies (2018); the relations between language and power established in Bourdieu (2008) and, in relation to the methodological aspects of studies in Linguistic Policy, we turn to the studies of Ricento (2006). This research consists of an analysis carried out on a set of 54 (fifty-four) admissibility reports that deal with linguistic issues, extracted from a database with a total of 2891 (two thousand, eight hundred and ninety-one) cases admitted by the IACHR , in the period between the years 1970 to 2019. The results are presented through the number of complaints for violation of linguistic human rights by OAS member state; the number of denunciations of violations of linguistic human rights based on the position of the object of the complaint - whether main or incidental, as well as through the typological classification of linguistic conflicts and exposure of the rules of international human rights law invoked for the admissibility of the complaint.