Language rights and linguistic justice in international law: Lost in translation?

Abstract

A range of international legal provisions guarantee rights to translation for linguistic minorities in certain circumstances, but these do not always lead to linguistic justice. This article explores why this may be the case, focusing on how assumptions embedded in international law as to the role of translation and interpretation limit the extent to which international language rights can deliver linguistic justice. Drawing on insights from other disciplines, particularly sociolinguistics and translation and interpreting studies, I identify four flawed assumptions about translation embedded in international legal discourse: that translation is straightforward or easy; that translation is expensive and impractical; that translation is just about words; and that translation is neutral or apolitical. Each of these flawed assumptions limit the ability of international law to achieve justice for minority language speakers.

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