Abstract
The Universal Declaration of Human Rights underscores the profound significance of the right to communicate, encompassing freedom of opinion and expression and language-related rights without discrimination. Specifically, Article 19 of the declaration holds a pivotal role in exploring the interplay between communication rights and various editions of the International Journal of Speech- Language Pathology; the focal point revolves around the multifaceted theme of communication rights, delving into it from four distinct vantage points. Firstly, it scrutinizes the overarching rights of every individual to engage in communication, emphasizing the fundamental nature of this aspect in the broader context of human rights. The discussion then shifts to communication rights specifically pertaining to individuals with communication disabilities, acknowledging the unique challenges they face and advocating for inclusion. Additionally, the special issue examines children's communication rights, recognizing the significance of fostering a communicative environment conducive to their development and expression. Lastly, it explores communication rights in the context of language, unravelling the intricacies associated with linguistic rights and their intersection with broader human rights principles. Throughout the discourse, the special issue underscores the critical nexus between the human right to communication and its alignment with various national and international declarations, policies, and practices, thereby contributing to a comprehensive understanding of this vital facet of human experience. The featured articles encompass diverse global perspectives, offering firsthand narratives from individuals whose right to communicate has faced challenges or has been preserved. Additionally, the review proposes a three- step approach to bolster communication rights: recognizing individuals, adapting communication styles, and dedicating time to active listening. Envisioning the future advocacy for communication rights, there is a potential to draw insights from the methodology employed in formulating the Yogyakarta Principle.
Keywords:
Human Rights, International Law, Communication Rights. Yogyakarta Principles, Peace.
Introduction
Communication is a fundamental aspect of human existence, serving as a cornerstone for interaction across personal and global spheres McEwin & Santow, (2018). The ability to convey and comprehend messages is crucial for societal cohesion. While traditional forms of communication, such as speaking, listening, reading, and writing, are prevalent, alternative modes, such as sign languages and online audio/video communication, also play significant roles. However, individuals facing challenges in utilizing these modes, or those relying on unconventional communication methods, may encounter barriers, creating hurdles for effective interaction. Communication obstacles can surface due to limitations at the individual level or societal influences, creating a disproportionate impact on various groups, including those with communication disabilities, children, and individuals who are not proficient in the prevalent languages of their communities Anyanwu, C. (2018).
The obstacles these groups face are exacerbated by the intersection of personal limitations and societal factors, creating a collective barrier to effective communication. Those with communication disabilities experience heightened challenges, facing significant impediments in expressing themselves. The intricate interplay between individual constraints and broader social dynamics further complicates their ability to communicate seamlessly. We must look at and deal with the person and the community to overcome these challenges. This helps create a friendly place for everyone to communicate well. Children may find it harder to get through these obstacles. Furthermore, individuals who do not possess proficiency in the dominant languages of their communities experience a pronounced effect, exacerbating the disparities in communication accessibility. Addressing these challenges necessitates a comprehensive approach that recognizes and mitigates both individual and societal contributors to foster a more inclusive communicative environment. Addressing these barriers is imperative to ensure the inclusive participation of all individuals in various programs, services, and opportunities Farrugia-Bernard, A.M. (2017).
Educational initiatives must prioritize awareness to alleviate ignorance about diverse communication methods. Attitudinal barriers can be dismantled through fostering empathy and understanding of different communication needs. Overcoming physical obstacles, such as inaccessible environments, is crucial for facilitating communication for all individuals. Comprehensive policies and programmatic enhancements are essential to dismantle systemic limitations that impede effective communication for those with diverse needs.
International Conventions and Declarations on the Right to Communication
The right to communicate is a fundamental human right upheld by international conventions and declarations. Article 19 of the Universal Declaration of Human Rights asserts, "Everyone has the right to freedom of opinion and expression, including the freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers. "This emphasizes that individuals, regardless of age, status, ability, or communicative capacity, possess the right to communicate (United Nations, 1966a)
The concept of the right to communicate extends beyond mere freedom of opinion and expression, encompassing a broad spectrum of rights and freedoms that transcend language distinctions. It encapsulates a comprehensive set of entitlements beyond the simple freedom to express one's views (United Nations,1948). This notion recognizes that communication rights are not constrained by language differences, emphasizing the inclusivity of various aspects of expression. The right to communicate thus signifies a holistic framework that embraces diverse forms of communication rights, transcending linguistic boundaries. This universal right plays a vital role in fostering equality, justice, and human dignity. Encompassing freedom of expression, the right to information, and universal access to information is not a novel and independent right but a collective term that encapsulates various existing rights. The Universal Declaration of Human Rights underscores that every individual is entitled to all rights and freedoms without any language-based differentiation, highlighting this right's inclusive and fundamental nature (United Nations, 1948).
Various regional and international treaties define freedom of expression as a human right, emphasizing the significance of access to communication services. Some treaties also outline legitimate restrictions on communication, ensuring a balance with other rights and interests (United Nations, 1966a).
The process of individual communication empowers people to report human rights violations to the United Nations. This procedure applies to parties that acknowledge the committee's authority to investigate individual complaints about breaches of particular human rights treaties (United Nations, 1965).
Fundamentally, the right to communicate is a global human right that encompasses freedom of opinion and expression, access to information, and the utilization of any media to convey messages and ideas. It plays a vital role in the quest for equality, justice, and the safeguarding of human dignity (United Nations, 1989).
Numerous international instruments explicitly underscore the imperative to respect and uphold human rights and fundamental freedoms "without distinction of language "Notable among these is Article 2 of the Universal Declaration on Human Rights (United Nations, 1948), along with Articles 2, 4, 14, 24, and 26 of the International Covenant on Civil and Political Rights (United Nations, 1966a). The International Covenant on Economic, Social and Cultural Rights (United Nations, 1966b) further emphasizes this principle in Article 2, as does the Declaration on the Right to Development in Article 6. (United Nations, 1986). The Convention on the Rights of the Child (United Nations, 1989) also encompasses the significance of non-discrimination based on language in Articles 2, 29, 30, and 40. The Universal Declaration on Cultural Diversity (UNESCO, 2001) reinforces these commitments through article 5, and the Declaration on the Rights of Peasants and Other People Working in Rural Areas (United Nations, 2015) echoes this sentiment in Article 10. These collective provisions constitute a robust framework within various international agreements and declarations, collectively striving to advance and safeguard human rights globally (United Nations, 2007a).
The articles from these international instruments collectively highlight the paramount importance of upholding human rights and fundamental freedoms without discrimination based on language. Encompassing declarations ranging from the foundational Universal Declaration on Human Rights to more specific agreements like the Convention on the Rights of the Child and the Declaration on the Rights of Peasants, these provisions underscore a shared commitment to fostering a world where linguistic diversity does not serve as a basis for differential treatment (Carroll et al., 2017). This comprehensive framework reflects a global consensus on the principle that the dignity and rights of individuals, as enshrined in these instruments, are to be universally respected and protected, irrespective of linguistic distinctions. Through these collective efforts, the international community aims to promote inclusivity and prevent discrimination on the grounds of language, contributing to the broader goal of ensuring human rights are enjoyed by all (Hersh, 2017, p. 40).
The commitment to respecting and safeguarding human rights and fundamental freedoms "regardless of language" is explicitly outlined in multiple international instruments, including: The significance of communication rights transcends mere facilitation of freedom of opinion, expression, and language; it serves as a cornerstone for the realization of various other fundamental human rights. Effective communication catalyzes social and political engagement, fostering an environment where individuals can voice their perspectives without fear of reprisal. When these communication rights are upheld, people find it easier to exercise their right to work, as open and transparent communication channels enable the dissemination of information about job opportunities, skills development, and workplace conditions. Additionally, access to information through effective communication supports the right to education by ensuring that knowledge is shared widely, empowering individuals with the tools they need to pursue learning and personal development (Marshall & Barrett, 2017, p. 45).
Moreover, the impact of communication rights extends to the broader realization of human rights. Transparent and accessible communication facilitates the exchange of ideas, enabling individuals to participate in civic activities and advocate for social justice. It acts as a bridge for communities to connect, share experiences, and collectively address challenges, enhancing overall quality of life. In essence, the protection and promotion of communication rights create an enabling environment where the full spectrum of human rights, including work, education, and civic participation, can flourish.
These rights are codified in various international agreements, including the Universal Declaration on Cultural Diversity, the Declaration on the Rights of Indigenous Peoples, and the International Covenant on Civil and Political Rights. Furthermore, specific communication rights are outlined for individuals with disabilities, underscoring their fundamental right to influence the conditions of their existence through communication and actively participate in communication interactions (et,al Hersh, 2017).
The essential freedom of opinion, expression, and language plays a pivotal role in enabling individuals to exercise a range of fundamental human rights, including the right to work, education, marriage, property ownership, self-determination, freedom of religion, and social security. These liberties form a foundational framework for individuals to fully realize and enjoy their inherent rights and contribute to a society that values diversity and individual agency. Those with communication and language differences from the mainstream may encounter challenges in fully engaging in societal activities without targeted support. For example, individuals with aphasia post-stroke may struggle to express themselves, impacting their identity, competence display, and overall participation in life. In the twenty-first century, effective communication is vital for success, as highlighted by the Australian Bureau of Statistics, which found that people with communication disabilities often face employment restrictions and limited participation in outside activities (et al. Hersh, 2017).
In the contemporary context, communication rights are crucial, encompassing freedom of expression, democratic control of media, cultural engagement, linguistic entitlements, educational access, privacy preservation, assembly freedom, and the right to self-determination. These rights ensure inclusiveness and access to communication tools and prevent exclusion. Protected by Article 19 of the UN Universal Declaration of Human Rights, freedom of expression is fundamental, allowing individuals to express thoughts, share information, and advocate for societal improvements without fear or interference. It serves as a cornerstone for other human rights, fostering an open society where people can access justice and enjoy their fundamental rights (United Nations,1966a).
The National Joint Committee's Communication Bill of Rights emphasizes that individuals with disabilities have the fundamental right to influence their conditions through communication. It outlines specific communication rights to be guaranteed in daily interactions, including the right to social interaction, maintaining relationships, requesting desired objects, actions, events, and people, and participating fully in communication interactions (et,al.Marshall & Barrett, 2017, p. 45).
Furthermore, communication rights and freedom of expression are inherent human rights that are crucial for empowering individuals to exercise their rights, engage in society, and access justice. These rights are indispensable for fostering inclusion, averting exclusion, and ensuring effective communication and self-expression without fear or obstacles.
Global Initiatives Focused on Upholding Communication Rights
In 1974, UNESCO received a report aimed at facilitating active participation in communication, resulting in subsequent resolutions, charters, and declarations to promote communication rights globally. A pivotal milestone was the establishment of the Universal Declaration of Communication Rights in 2014, garnering support from more than 10,000 individuals. This declaration underscores communication as an inherent human right, emphasizing the importance of enabling people to engage in the communication process. This declaration, a collaborative effort among various international speech and language organizations, emphasizes the recognition of communication as a basic human right and advocates for individuals with communication disabilities to access the necessary support for realizing their full potential （Mulcair, Pietranton, & Williams, 2018).
International organizations like the United Nations and the World Health Organization strongly advocate for communication rights through language diversity. This includes the right to freedom of expression, access to information, and universal access to information. The Universal Declaration of Human Rights, translated into over 500 languages, is the most translated document globally (The United Nations, 2007b. The UN consistently demonstrates its commitment to language diversity through resolutions and designated days, such as International Mother Language Day on February 21, established in 1999. The International Year of Languages in 2008 and the International Year of Indigenous Languages in 2019 further highlight the UN's ongoing efforts to recognize and celebrate global linguistic diversity and multilingualism (International Communication Project, 2014).
Communication rights include freedom of expression, democratic media governance, and fair media ownership, encompassing active participation in culture, linguistic rights, the right to education, and privacy. Assembly and self-determination are integral aspects connected to the overarching right to communicate, emphasizing freedom of expression without language- based discrimination (United Nations, 2017a).
UNESCO's 1974 report spurred global efforts for enhanced communication rights, leading to resolutions and the 2014 Universal Declaration of Communication Rights. Endorsed by 10,000 individuals, this declaration, a product of collaboration among international speech and language organizations, underscores communication as a fundamental human right. It specifically advocates for those with communication disabilities to access necessary support for their full potential, promoting the broader concept of global communication rights.
International bodies like the United Nations and the World Health Organization strongly advocate for communication rights, emphasizing the importance of language diversity. The right to communicate includes essential human rights like freedom of expression, the right to information, and universal access to knowledge. The Universal Declaration of Human Rights, available in over 450 languages, holds the record as the most translated document worldwide, symbolizing a commitment to ensuring these rights are accessible and understood by diverse populations globally (Murphy et al, 2017).
The United Nations has further demonstrated its commitment by adopting resolutions and dedicating specific days to acknowledge and celebrate language diversity and multilingualism. UNESCO designated International Mother Language Day on November 17, 1999; it has been observed annually since February 21, 2000. The day aims to raise awareness about linguistic and cultural diversity and advocate for the preservation and protection of all languages. It was established in honor of the 1952 Bengali Language Movement in Bangladesh. Furthermore, the United Nations General Assembly declared 2008 as the International Year of Languages and 2019 as the International Year of Indigenous Languages (et,al.Mulcair, 2018).
Communication rights encompass freedom of expression, emphasizing unbiased expression regardless of language and ensuring individuals can voice their opinions without discrimination （De Luca (2017).
Democratic media governance is part of communication rights, advocating for equitable practices within media systems to ensure diverse representation.
Media ownership and control are addressed in communication rights, aiming for transparency and preventing monopolies that may restrict diverse perspectives.
Participation in one's culture is vital, recognizing individuals' rights to engage in and contribute to their cultural communities.
Linguistic rights, education rights, privacy rights, assembly rights, and self-determination collectively form communication rights, ensuring a comprehensive framework for diverse and inclusive communication.
Communication Rights of All People
Article 19 of both the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights asserts the universal right to freedom of opinion and expression. This encompasses seeking, receiving, and conveying information without geographical constraints. However, legal limitations may be imposed to safeguard the rights of others, national security, public order, or public health and morals. It is crucial to emphasize that these communication rights are applicable universally, irrespective of citizenship（The United Nations 2007b).
Fostering communication rights is a key step toward greater inclusivity and participation in civil society. Although digital communication technologies can aid in achieving this goal, challenges arise, particularly concerning automation and machine learning issues. To ensure genuine social progress, it is essential to prioritize a diverse range of voices in decision-making processes. This can be accomplished by emphasizing equal access to media and its technologies, ensuring the involvement of traditionally marginalized individuals in media, and advocating for the common ownership of knowledge, tools, and technologies that are freely and openly shared with the public (United Nations, 2017a).
The role of civil society organizations is paramount in safeguarding human rights and promoting inclusion. Utilizing communication for social change, these organizations can advance their objectives through advocacy, direct action, and influencing their constituencies via various channels, including dialogue, mass media, and online interactions. Transparency, accountability, communication, collaboration, and inclusion are crucial elements for addressing the challenges faced by civil society organizations in advocating for and protecting human rights, especially in challenging contexts (McLeod & McKinnon, 2007).
Ensuring Communication Rights for People Experiencing Communication Disabilities
Individuals with communication inability may experience challenges in receiving, sending, processing, and comprehending concepts through verbal, nonverbal, and graphic symbol systems （McCormack et al, 2018, p. 142). These difficulties can arise from hearing, speech, and language conditions, leading to impaired communication. Communication disorders, including speech, language, and hearing disorders, can impact a person's communication ability. Various factors, such as neurological damage, hearing loss, cleft lip and palate, intellectual disability, and other health conditions, can contribute to the development of these disorders. Approximately 5-10% of Americans are estimated to have some form of communication disorder(Australian Bureau of Statistics, 2017a). Early intervention is crucial, especially for children, and treatment often involves collaboration with a speech-language pathologist (Australian Bureau of Statistics, 2017a）.
Assistance in Communication for Individuals with Communication Challenges
Article 21 of the Convention on the Rights of Persons with Disabilities (CRPD) is a pivotal provision that centers on safeguarding the communication rights of individuals with disabilities (United Nations, 2006) It places a strong emphasis on upholding the principles of freedom of expression, unrestricted access to information, and the utilization of accessible formats and technologies for effective communication. The article explicitly advocates for the implementation of measures to guarantee that individuals with disabilities can exercise their right to freedom of expression and opinion, ensuring an equal standing in seeking, receiving, and imparting information and ideas (Khoja & Shesha, 2018).
Additionally, it emphasizes the importance of delivering information in accessible formats, advocating for the use of sign languages and other inclusive communication methods. It also encourages media outlets and private entities to ensure their services are accessible to individuals with disabilities (United Nations, 2006, Article 21).
Crafted by the National Joint Committee for Communication Needs of Persons With Severe Disabilities, the Communication Bill of Rights highlights the essential principle of universal access to meaningful communication. It aims to secure equitable opportunities for individuals facing severe disabilities, fostering an inclusive society where effective communication is a fundamental right establihing the essential entitlement of individuals with disabilities to influence their circumstances through communication. This encompasses the right to engage actively in communication exchanges and access information in an inclusive manner. It guarantees that individuals with disabilities can utilize communication to navigate their own lives and contribute to society (Rvachew & Folden, 2017).
Madill, Warhurst, and McCabe，2017) sheds light on the existing challenges and disparities in access to communication specialists and suitable assessment and intervention resources for those with communication disabilities globally. It underscores the pressing need for innovative solutions and advocacy efforts to empower individuals with communication disabilities to fully engage and contribute to society. In essence, Article 21 of the CRPD and the Communication Bill of Rights collectively stress the imperative of ensuring equal access to communication, information, and technology for people with disabilities while urging concerted efforts to overcome the obstacles and inequalities present in this critical domain.
Rights to Communicate for Children.
The United Nations Convention on the Rights of the Child (CRC) articulates specific provisions regarding children's communication rights. (McCormack, McLeod, McAllister, & Harrison, 2010). Articles 12 and 13 focus on freedom of expression （United Nations, 1989). Articles 2, 29, 30, and 40 also address language and communication rights, emphasizing the child's right to express views, freedom of expression, and access to interpreters if language barriers exist (United Nations, 1989.
Having ratified the CRC in December 1990, Australia is obligated to ensure the fulfillment of children's rights outlined in the convention. The CRC mandates that the Australian Government report every five years detailing its efforts to protect and promote these rights, acknowledging progress and challenges. stralia has yet to ratify the Optional Protocol to the CRC on a Communications Protocol, designed for individual children to file complaints about specific rights violations (Doell and Clendon (2017).
In the educational context, the enactment of children's communication rights is crucial, recognizing that linguistic competence is often a prerequisite for free expression. It is imperative for adults to be cognizant of these rights, fostering attitudes that support children's communication and participation. This involves adopting a human rights perspective, involving active listening, collaboration with educators, and an approach that builds communication skills based on capabilities(Gillett-Swan & Sargeant, 2017).
To summarize, the CRC and associated documents stress the significance of upholding children's communication rights, encompassing freedom of expression, information access, and support for diverse communication forms. Governments, organizations, and adults must work collectively to ensure the respect and promotion of these rights, particularly in educational and everyday settings. Additional information can be found in resources from the UN Committee on the Rights of the Child, Communication Rights Australia, and the Children's Rights Report 2019 by the Australian Human Rights Commission (McCormack, McLeod, McAllister, & Harrison, 2010).
Communication Rights Relating to Language
The preservation of language and its implications for individuals, communities, and education is an increasingly significant topic. Studies indicate that fostering a child's native language is not only feasible but should be actively encouraged due to its substantial positive effects on cognitive and social development. Moreover, acknowledging the importance of one's home language and culture is essential for aiding individuals facing communication disabilities. (Simons & Fennig, 2017). Language disorders, such as specific language impairment, can significantly impact a person's ability to understand, express, and process language, underscoring the significance of supporting multilingualism and the preservation of home languages. In an era of growing global inter- disconnectedness, the role of governments and professionals, including speech-language pathologists (SLPs), is gaining prominence in championing multilingualism and home language preservation （McLeod, Fuller & Verdon, 2016). Consequently, the future of language maintenance hinges on promoting and respecting linguistic diversity within individuals and communities, recognizing the myriad societal benefits it brings.Pietiläinen, 2011).
The Future
Ensuring communication rights requires considering how human rights apply universally to individuals with communication disabilities, children, and diverse linguistic communities. To promote and enhance the right to communicate, it is crucial to recognize individuals, adapt communication styles, and allocate time for active listening. Established in 2006, the Yogyakarta Principles are a non-legally binding set of guidelines that address human rights concerning sexual orientation and gender identity. Acting as an interpretive tool for human rights treaties, these principles offer potential guidance for future analysis and interpretation of communication rights. Developed collaboratively with United Nations experts, these principles cover a range of rights, including universal human rights, equality, fair trial, employment, social security, and the highest standard of health. In 2017, they were expanded to address gender expression.
Conclusion
In conclusion, the abstract provides a comprehensive overview of the profound importance of communication rights within the framework of human rights. By delving into the Universal Declaration of Human Rights and various international conventions, the abstract underscores the universal nature of the right to communicate, emphasizing its role in promoting equality, justice, and human dignity.
The four focal points of the abstract rights of all individuals to communicate, communication rights of those with disabilities, communication rights of children, and language-related communication rights offer a nuanced exploration of the diverse challenges and opportunities within the realm of communication rights. From recognizing individual needs to adapting communication styles and dedicating time to active listening, the proposed three-step approach provides a practical foundation for advancing communication rights across different contexts.
The exploration of international efforts and initiatives, including those by UNESCO and the United Nations, highlights the global commitment to championing communication rights. The recognition of communication rights as a fundamental element for the realization of other human rights underscores its far- reaching implications for societal inclusion and individual well-being.
The abstract also brings attention to the challenges faced by specific groups, such as individuals with communication disabilities, emphasizing the need for targeted support and advocacy. It addresses the role of civil society organizations, technology, and education in safeguarding and promoting communication rights.
The abstract envisions a future where principles guiding communication rights could draw inspiration from methodologies like the Yogyakarta Principles. This suggests a potential framework for analyzing and interpreting communication rights within the broader landscape of international human rights law.
The abstract calls for a holistic understanding of communication rights, r ecognizing its pivotal role in shaping societal interactions, inclusiveness, and the realization of individual potential. As the world continues to evolve, the pursuit of effective communication rights remains integral to fostering a global environment that values diversity, respects individual expression, and upholds the principles of equality and justice.
References
15 (PhD student, Shenzhen University China,MA International Relations, Jillin University, China; MA Political Science, GCUF,
Pakistan, and Assistant Professor, AIOU, Pakistan)
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