This Comment examines whether international law guarantees for linguistic minorities with disabilities the right to native language instruction. Linguistic minorities with disabilities currently face two challenges: the barriers presented by their disability and the difficulties of learning the majority language. A right to native language instruction would help eliminate this second challenge, removing an obstacle in academic and social development. To determine the existence of such a right, this Comment will first analyze the language rights regime and show that linguistic rights require further evaluation of the specific pragmatic interests involved. Next, this Comment looks at treaty and case law surrounding the education rights of linguistic minorities, finding that courts discuss linguistic rights as a balancing of state and minority interests. Under these principles, this Comment will then examine the education rights of linguistic minorities under the disability law framework. It argues that because states are obligated to provide reasonable accommodations maximizing academic and social development consistent with the goal of full inclusion, a right to native language instruction for linguistic minorities with disabilities does exist
"Linguistic Minorities with Disabilities and the Right to Native Language Instruction,"
Chicago Journal of International Law:
1, Article 20.
Available at: https://chicagounbound.uchicago.edu/cjil/vol22/iss1/20