User:Xarucoponce/List of linguistic rights in constitutions of the Americas

Linguistic rights in the Americas are stated in constitutions which differ by country. These constitutions usually state the national language or official language, and may or may not explicitly allow for other languages in the country.

Antigua and Barbuda
5. Protection of right to personal liberty 2) Any person who is arrested or detained shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the reason for his arrest or detention.

15. Provision to secure protection of the law (...) Every person who is charged with a criminal offence- b) shall be informed orally and in writing as soon as reasonably practicable, in language that he understands, of the nature of the offence with which he is charged; (...) f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge

29. Qualifications for appointment as Senators Subject to the provisions of section 30 of this Constitution any person who at the date of his appointment- (...) c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the Senate,

38. Qualifications for election as a member of the House Subject to the provisions of section 39 of this Constitution, any person who at the date of his election- (...) c) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with sufficient proficiency to enable him to take an active part in the proceedings of the House,

Argentina
Article 75.

The Congress shall have power: (...)

17) To recognize the ethnic and cultural pre-existence of indigenous Argentine peoples. To guarantee respect for their identity and their right to bilingual and intercultural education (...)

Bahamas
20. Provisions to secure protection of law 2) Every person who is charged with a criminal offence- (...) b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offence charged; (...) f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge;

=== Barbados ===

=== Belize ===

Bolivia
Article 5

The official languages of the State are Spanish and all the languages of the rural native indigenous nations and peoples, which are Aymara, Araona, Baure, Bésiro, Canichana, Cavineño, Cayubaba, Chácobo, Chimán, Ese Ejja, Guaraní, Guarasu'we, Guarayu, Itonama, Leco, Machajuyai-kallawaya, Machineri, Maropa, Mojeñotrinitario, Mojeño-ignaciano, Moré, Mosetén, Movima, Pacawara, Puquina, Quechua, Sirionó, Tacana, Tapiete, Toromona, Uruchipaya, Weenhayek, Yaminawa, Yuki, Yuracaré and Zamuco.

The Pluri-National Government and the departmental governments must use at least two official languages. One of them must be Spanish, and the other shall be determined taking into account the use, convenience, circumstances, necessities and preferences of the population as a whole or of the territory in question. The other autonomous governments must use the languages characteristic of their territory, and one of them must be Spanish.

Article 9

The following are essential purposes and functions of the State, in addition to those established in the Constitution and the law:

2) To guarantee the welfare, development, security and protection, and equal dignity of individuals, nations, peoples, and communities, and to promote mutual respect and intra-cultural, inter-cultural and plural language dialogue.

Article 30

I. A nation and rural native indigenous people consists of every human collective that shares a cultural identity, language, historic tradition, institutions, territory and world view, whose existence predates the Spanish colonial invasion.

II. In the framework of the unity of the State, and in accordance with this Constitution, the nations and rural native indigenous peoples enjoy the following rights:

9. That their traditional teachings and knowledge, their traditional medicine, languages, rituals, symbols and dress be valued, respected and promoted.

12. To an inter-cultural, intra-cultural and multi-language education in all educational systems.

Article 70 Everyone who has a disability enjoys the following rights:

c) To an alternative language of communication.

Article 95

II. The universities must implement programs for the recovery, preservation, development, learning and dissemination of the different languages of the nations and rural native indigenous peoples.

Article 96

The formation and training of teachers for public schools, by means upper level training schools, is the responsibility of the State. The training of teachers shall be exclusive, public, free of charge, intra-cultural, inter-cultural, multi-language, scientific and productive, and it shall be based on social commitment and a vocation for service.

Article 107 I. The public means of communication must contribute to the promotion of the ethical, moral and civic-minded values of the different cultures of the country with the production and dissemination of multi-lingual educational programs and in an alternative language for the disabled.

Article 120 II. Every person submitted to legal process has the right to be tried in his or her language; in case of exception, the person must be assisted by a translator or interpreter.

Article 234 To perform public functions, one must satisfy the following requisites: 7. Speak at least two of the official languages of the country.

Article 289 Rural native indigenous autonomy consists in self-government as an exercise of free determination of the nations and rural native indigenous peoples, the population of which shares territory, culture, history, languages, and their own juridical, political, social and economic organization or institutions.

=== Brazil === Art 13 Portuguese is the official language of the Federative Republic of Brazil.

Art 210 § 2. Regular elementary education shall be given in the Portuguese language, also assuring to indigenous communities the use of their native languages and their own learning procedures.

Art 231 The social organization, customs, languages, creeds and traditions of Indians are recognized, as well as their original rights to the lands they traditionally occupy. The Union has the responsibility to delineate these lands and to protect and ensure respect for all their property.

=== Canada === (Canadian Act 1867) 133. Use of English and French Languages Either the English or the French Language may be used by any Person in the Debates of the Houses of the Parliament of Canada and of the Houses of the Legislature of Quebec; and both those Languages shall be used in the respective Records and Journals of those Houses; and either of those Languages may be used by any Person or in any Pleading or Process in or issuing from any Court of Canada established under this Act, and in or from all or any of the Courts of Quebec. The Acts of the Parliament of Canada and of the Legislature of Quebec shall be printed and published in both those Languages.

(Canadian Act 1982) G. OFFICIAL LANGUAGES OF CANADA 1. Official languages of Canada English and French are the official languages of Canada and have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada.

H. MINORITY LANGUAGE EDUCATIONAL RIGHTS 1. Language of instruction Citizens of Canada a) whose first language learned and still understood is that of the English or French linguistic minority population of the province in which they reside, or b) who have received their primary school instruction in Canada in English or French and reside in a province where the language in which they received that instruction is the language of the English or French linguistic minority population of the province, have the right to have their children receive primary and secondary school instruction in that language in that province.

2. Continuity of language instruction Citizens of Canada of whom any child has received or is receiving primary or secondary school instruction in English or French in Canada, have the right to have all their children receive primary and secondary school instruction in the same language.

3. Application where numbers warrant The right of citizens of Canada under subsections (1) and (2) to have their children receive primary and secondary school instruction in the language of the English or French linguistic minority population of a province a) applies wherever in the province the number of children of citizens who have such a right is sufficient to warrant the provision to them out of public funds of minority language instruction; and b) includes, where the number of those children so warrants, the right to have them receive that instruction in minority language educational facilities provided out of public funds.

=== Chile ===

=== Colombia === Article 10 Spanish is the official language of Colombia. The languages and dialects of ethnic groups are also official in their territories. The education provided in communities with their own linguistic traditions shall be bilingual.

=== Costa Rica === Article 76 Spanish is the official language of the Nation. However, the State will see to the maintenance and cultivation of the national indigenous languages.

=== Cuba === === Dominica === === Dominican Republic ===

Ecuador
Article 2

The flag, coat of arms and national anthem, as provided for by law, are the symbols of the nation. Spanish is Ecuador's official language; Spanish, Kichwa and Shuar are official languages for intercultural ties. The other ancestral languages are in official use by indigenous peoples in the areas where they live and in accordance with the terms set forth by law. The State shall respect and encourage their preservation and use.

Article 16

All persons, individually or collectively, have the right to: 1. Free, intercultural, inclusive, diverse and participatory communication in all spheres of social interaction, by any means or form, in their own language and with their own symbols.

Article 29

The State shall guarantee the freedom to teach, academic freedom in higher education, and the right of persons to learn in their own language and cultural environment.

Article 45

(...) Children and adolescents have the right to physical and psychological integrity; to an identity, name and citizenship; to integral health and nutrition; to education and culture, sports, and recreation; to social security, to have a family and enjoy peaceful coexistence with family and community; to social participation; to respect for their freedom and dignity; to be consulted in matters affecting them; to be educated as a priority in their own language and in the cultural context of their own people and nation; and to receive information about their parents or absent relatives, unless it is harmful to their well-being.

=== El Salvador === Article 62 The official language of El Salvador is Spanish. The government is obligated to keep watch for its conservation and teaching. The native languages that are spoken in the national territory form part of the cultural patrimony and shall be the object of preservation, dissemination and respect.

=== Grenada === === Guatemala === Article 58. Cultural Identity The right of the persons and of the communities to their cultural identity in accordance to their values, their language, and their customs[,] is recognized.

Article 66. Protection of Ethnic Groups Guatemala is formed by diverse ethnic groups among which are found the indigenous groups of Mayan descent. The State recognizes, respects, and promotes their forms of life, customs, traditions, forms of social organization, the use of the indigenous attire by men and women, [and their] languages and dialects.

Article 143. Official Language The official language of Guatemala, is Spanish. The vernacular languages, form part of the cultural heritage of the Nation.

Transitory Article 18. Revelation [Divulgación] of the Constitution In the course of the year following its effectiveness, the Constitution shall be broadly disseminated in the Quiché, Mam, Cakchiquel, and Kekchí languages.

=== Guyana === === Haiti === Article 5 All Haitians are united by a common language: Creole. Creole and French are the official languages of the Republic.

Article 40 The State has the obligation to publicize in the oral, written and televised press in the Creole and French languages all laws, orders, decrees, international agreements, treaties, and conventions on everything affecting the national life, except for information concerning national security.

=== Honduras === Article 6 The official language of Honduras is Spanish. The State shall protect its purity and increase its learning. === Jamaica === === Mexico === === Nicaragua === Panama Paraguay Peru Saint Kitts and Nevis Saint Lucia Saint Vincent and the Grenadines Suriname Trinidad and Tobago United States of America Uruguay Venezuela