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    Between Disability and Culture: The Search for a legal taxonomy of sign languages in the European Union.


    Ferri, Delia and Tekuchova, Iryna and Krolla, Eva (2024) Between Disability and Culture: The Search for a legal taxonomy of sign languages in the European Union. International and Comparative Law Quarterly. pp. 1-38. ISSN 0020-5893

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    Official URL: https://doi.org/10.1017/S0020589324000253


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    Abstract

    Since the 1960s sign languages have been identified as natural human languages and conceived of as a key feature of Deaf culture and identity. Eschewing the notion of disability, deaf advocacy organisations have connected the use of sign language to linguistic and cultural rights. Despite the clear preference of deaf advocates, the legal protection of sign languages remains uneven and somewhat difficult to grasp, being situated at the intersection of disability rights and linguistic rights. Few attempts have been made to identify the extent to which sign languages are recognised and enshrined within domestic legal systems. This article aims to propose a novel taxonomy that focuses on the normative conceptualisation of sign language and deaf people in national legislation. Based on a comparative analysis and focusing on European Union Member States, it identifies three main approaches: an explicit ‘minority’ approach—ie the express recognition of deaf persons as a linguistic minority; a more nuanced ‘cultural approach’—which acknowledges sign language as autonomous language and provides for promotional measures; and a ‘disability’ approach—which mandates and/or promotes the use of sign language primarily as an accessibility measure.

    Item Type: Article
    Keywords: sign languages; Deaf culture; disability; United Nations Convention; Rights of Persons with Disabilities; comparative methods;, legal taxonomy;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 18998
    Identification Number: https://doi.org/10.1017/S0020589324000253
    Depositing User: Delia Ferri
    Date Deposited: 09 Oct 2024 15:15
    Journal or Publication Title: International and Comparative Law Quarterly
    Publisher: Cambridge University Press
    Refereed: Yes
    URI:
    Use Licence: This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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