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
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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