Work

Constitutional and Judicial Language Protection in Multilingual States: A Brief Overview of South Africa and Belgium

Year: 2012

Type: article

Abstract: The purpose of this contribution is to provide a very modest comparison of judicial language protection in South Africa and in Belgium.First of all, the authors sketch briefly the historical context and the constitutional status of languages in both countries.It is difficult to argue that one always has a right to use his or her own language.However, the use of language has clear links to constitutional rights such as the right to a fair trial.The authors then consider the rules on the use of languages in court generally and in criminal proceedings particularly.Belgium has strict rules on the use of language, and these rules are based on strong principles of territoriality and monolingualism.South Africa, on the other hand, has 11 official languages, not linked to territories, but in practice these languages do not all enjoy the same protection.The pragmatic approach by the South African courts is indicated with reference to the case law.

Source: Erasmus Law Review

DOI: 10.5553/elr221026712012005003006

Authors: Isabelle Bambust, Albert Kruger, Thalia Kruger

Institutions: University of Antwerp, University of Cape Town, Ghent University, University of the Free State

Language: English

Topic: Legal Issues in South Africa

Subfield: Law

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: bronze

Funder: National Research Foundation