Condensed: Minorities shall not be denied the rights, in community with other members of the group, to enjoy their own culture, to profess and practice their religion, or to use their own language. Culture should be defined broadly to include ‘way of life’. Violations of the right of minorities to practice their culture include prohibitory laws, discriminatory practices against minorities for example in the forms ofrestriction on performing songs or traditional dances, non-registration of associations, meant to promote minority cultureand mandatory change of traditional names borne by minorities. The right of minorities to their language includes its use in private and in public, freely and without interference or any form of discrimination. Measures to safeguard the right of minorities to practice their religion include recognition of religious minorities by law and provision for religious education of children in accordance with their parents’ convictions. Exessive government regulation and oversight of religious activity, harassment, surveillance, intimidation, violence, arbitrary detention, intolerance and desecration of places of worship are examples of violation of the rights of minority to practice and develop their religion. . Comprehensive: Article 27 of the ICCPR provides:[1] In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the rights, in community with other members of the group, to enjoy their own culture, to profess and practice their religion, or to use their own language. Culture should be defined broadly to include ‘way of life’.[2] Violations of the right of minorities to practice their culture include prohibitory laws,[3]discriminatory practices against minorities for example in the forms of destruction of artifacts, restriction on wearing traditional dress, performing songs or traditional dances,[4] non-registration of associations meant to promote minority culture[5]and mandatory change of traditional names borne by minorities.[6](See also *restrictions on cultural practices (not in contradiction with other human rights*).
The UN Working Group on Minorities has noted:[7] Cultures are not static; minorities should be given the opportunity to develop their own culture in the context of an ongoing process. That process should be an interaction between the persons belonging to the minority themselves, between the minority and the State, and between the minority and the wider national society. States have a positive obligation to ‘contribute by direct action to safeguarding the cultural values peculiar to minority groups in such a way that the numerical inferiority of the latter in relation to the rest of the population and a lack of resources do not lead to the extinction of those values.’[8] In light of this obligation article 4(4) of the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities provides:[9] States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole. Other measures to promote the right of minorities to practice and develop their culture include strengthening of the institutional infrastructure for the promotion of the right to take part in cultural life and support of development of music and crafts,[10]and support for schools, publications, libraries and museums.[11] It should be noted that not all traditional cultural practices of minorities are beneficial; in fact some may violate international standards, such as the right to physical integrity. (See *harmful traditional practices*). The right of minorities to their language includes its use in private and in public, freely and without interference or any form of discrimination.[12] States have an obligation to respect this right as well as protecting minority groups from interference with their language rights by other individuals or groups.[13] Interference with the use of a minority language in private such as talking in the street or playing a song does not only violate the right of minorities to use their own language but also freedom of expression.[14] (See *restrictions on the use of language or mother tongue*; *learn mother tongue or have instructions in mother tongue*) The right of minorities to practice their religion may be exercised ‘either individually or in community with others and in public or private’.[15] Measures to safeguard the right of minorities to practice their religion include recognition of religious minorities by law[16] and provision for religious education of children in accordance with their parents’ convictions.[17] Excessive government regulation and oversight of religious activity, harassment, surveillance, intimidation, violence, arbitrary detention, intolerance and desecration of places of worship are examples of violation of the rights of minority members to practice and develop their religion.[18] The CERD Committee and the Special Rapporteur on freedom of religion or belief have expressed concern over the risk that ‘blasphemy laws may be used in a discriminatory manner against religious minority groups’.[19] (See also *manifest one’s religion or belief in teaching, practice, worship and observance*; *discrimination based on religion or belief*). According to the HRC ‘a restriction upon the right of an individual member of a minority must be shown to have a reasonable and objective justification and to be necessary for the continued viability and welfare of the minority as a whole’.[20] . Additional references M Nowak UN Covenant on Civil and Political Rights – CCPR commentary (2005) G Pentassinglia Minorities in International law : An Introductorystudy (2002) P Thornberry International law and the rights of minorities (1993)
[1] See also ICESCR art 15(1)(a), CRC art 30, Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities art 4(2), Oslo Recommendations Regarding the Linguistic Rights of National Minorities adopted by the High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe (OSCE); Framework Convention for the Protection of National Minorities art 5(10), European Charter for Regional or Minority Languages, Document of the Copenhagen Meeting of the Conference on the Human Dimension of the OSCE art 32. [2]Working Group on Minorities of the Sub-Commission on the Promotion and Protection of Human Rights, Commentary on the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, E/CN.4/Sub.2/AC.5/2005/2, para 6. [3] Report of the Independent Expert onminority issues, mission to France, A/HRC/7/23/Add.2 ( 2008), para 94. [4]Report of the Independent Expert on minority issues, mission to Greece,A/HRC/10/11/Add.3 (2009), para 47. [5]Report of the Independent Expert on minority issues, mission to Greece, para 84. [6]Report of the Independent Expert on minority issues, mission to Greece,para 42. [7] Working Group (2005) para 29. [8] Study on the rights of persons belonging to ethnic, religious and linguistic minorities by Francesco Capotorti, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (1979) para 599. See also HRC General Comment 23 para 6.2, Working Group (2005) para 56. [9] For a commentary on this provision see Working Group (2005) paras 65-70. [10] Report of the Independent Expert in the field of cultural rights, mission to Brazil, A/HRC/17/38/Add.1(2010), para 33. [11]Study on the rights of persons belonging to ethnic, religious and linguistic minorities by Francesco Capotorti paras 594-595. [12]Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minoritiesart 2(1). [13] Working Group para 34, HRC General Comment 23 para 6.1. [14]Working Group on Minorities of the Sub-Commission on the Promotion and Protectionof Human Rights, ‘Citizenship and the minority rights of non-citizens’, working paper by Fernand de Varennes, E/CN.4/Sub.2/AC.5/1997/WP.6, paras 25-26. [15] ICCPR art 18. [16]Report of the Independent Expert on minority issues, mission to Viet Nam, A/HRC/16/45/Add.2 (2011) para 59. [17] UNESCO Convention against Discrimination in Education art 5(b), [18]Report of the independent expert on minority issues, mission to Viet Nam, paras 62-64;UN Fact Sheet No.18 (Rev.1), Minority Rights. [19] CERD Concluding Observations: Pakistan, CERD/C/PAK/CO/20 (CERD, 2009), para 19; Interim report of the Special Rapporteur on freedom of religion or belief, A/62/280, paras. 70 and 76. [20]Kitok v Sweden application 197/1985 (HRC 1988) para 9.8.
Minorities shall not be denied the rights, in community with other members of the group, to enjoy their own culture, to profess and practice their religion, or to use their own language. Culture should be defined broadly to include ‘way of life’. Violations of the right of minorities to practice their culture include prohibitory laws, discriminatory practices against minorities for example in the forms ofrestriction on performing songs or traditional dances, non-registration of associations, meant to promote minority cultureand mandatory change of traditional names borne by minorities. The right of minorities to their language includes its use in private and in public, freely and without interference or any form of discrimination. Measures to safeguard the right of minorities to practice their religion include recognition of religious minorities by law and provision for religious education of children in accordance with their parents’ convictions. Exessive government regulation and oversight of religious activity, harassment, surveillance, intimidation, violence, arbitrary detention, intolerance and desecration of places of worship are examples of violation of the rights of minority to practice and develop their religion.
.
Comprehensive:
Article 27 of the ICCPR provides:[1]
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the rights, in community with other members of the group, to enjoy their own culture, to profess and practice their religion, or to use their own language.
Culture should be defined broadly to include ‘way of life’.[2] Violations of the right of minorities to practice their culture include prohibitory laws,[3]discriminatory practices against minorities for example in the forms of destruction of artifacts, restriction on wearing traditional dress, performing songs or traditional dances,[4] non-registration of associations meant to promote minority culture[5]and mandatory change of traditional names borne by minorities.[6](See also *restrictions on cultural practices (not in contradiction with other human rights*).
The UN Working Group on Minorities has noted:[7]
Cultures are not static; minorities should be given the opportunity to develop their own culture in the context of an ongoing process. That process should be an interaction between the persons belonging to the minority themselves, between the minority and the State, and between the minority and the wider national society.
States have a positive obligation to ‘contribute by direct action to safeguarding the cultural values peculiar to minority groups in such a way that the numerical inferiority of the latter in relation to the rest of the population and a lack of resources do not lead to the extinction of those values.’[8] In light of this obligation article 4(4) of the Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities provides:[9]
States should, where appropriate, take measures in the field of education, in order to encourage knowledge of the history, traditions, language and culture of the minorities existing within their territory. Persons belonging to minorities should have adequate opportunities to gain knowledge of the society as a whole.
Other measures to promote the right of minorities to practice and develop their culture include strengthening of the institutional infrastructure for the promotion of the right to take part in cultural life and support of development of music and crafts,[10]and support for schools, publications, libraries and museums.[11]
It should be noted that not all traditional cultural practices of minorities are beneficial; in fact some may violate international standards, such as the right to physical integrity. (See *harmful traditional practices*).
The right of minorities to their language includes its use in private and in public, freely and without interference or any form of discrimination.[12] States have an obligation to respect this right as well as protecting minority groups from interference with their language rights by other individuals or groups.[13] Interference with the use of a minority language in private such as talking in the street or playing a song does not only violate the right of minorities to use their own language but also freedom of expression.[14] (See *restrictions on the use of language or mother tongue*; *learn mother tongue or have instructions in mother tongue*)
The right of minorities to practice their religion may be exercised ‘either individually or in community with others and in public or private’.[15] Measures to safeguard the right of minorities to practice their religion include recognition of religious minorities by law[16] and provision for religious education of children in accordance with their parents’ convictions.[17] Excessive government regulation and oversight of religious activity, harassment, surveillance, intimidation, violence, arbitrary detention, intolerance and desecration of places of worship are examples of violation of the rights of minority members to practice and develop their religion.[18] The CERD Committee and the Special Rapporteur on freedom of religion or belief have expressed concern over the risk that ‘blasphemy laws may be used in a discriminatory manner against religious minority groups’.[19] (See also *manifest one’s religion or belief in teaching, practice, worship and observance*; *discrimination based on religion or belief*).
According to the HRC ‘a restriction upon the right of an individual member of a minority must be shown to have a reasonable and objective justification and to be necessary for the continued viability and welfare of the minority as a whole’.[20]
.
Additional references
M Nowak UN Covenant on Civil and Political Rights – CCPR commentary (2005)
G Pentassinglia Minorities in International law : An Introductory study (2002)
P Thornberry International law and the rights of minorities (1993)
[1] See also ICESCR art 15(1)(a), CRC art 30, Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities art 4(2), Oslo Recommendations Regarding the Linguistic Rights of National Minorities adopted by the High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe (OSCE); Framework Convention for the Protection of National Minorities art 5(10), European Charter for Regional or Minority Languages, Document of the Copenhagen Meeting of the Conference on the Human Dimension of the OSCE art 32.
[2]Working Group on Minorities of the Sub-Commission on the Promotion and Protection of Human Rights, Commentary on the United Nations Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, E/CN.4/Sub.2/AC.5/2005/2, para 6.
[3] Report of the Independent Expert onminority issues, mission to France, A/HRC/7/23/Add.2 ( 2008), para 94.
[4]Report of the Independent Expert on minority issues, mission to Greece,A/HRC/10/11/Add.3 (2009), para 47.
[5]Report of the Independent Expert on minority issues, mission to Greece, para 84.
[6]Report of the Independent Expert on minority issues, mission to Greece,para 42.
[7] Working Group (2005) para 29.
[8] Study on the rights of persons belonging to ethnic, religious and linguistic minorities by Francesco Capotorti, Special Rapporteur of the Sub-Commission on Prevention of Discrimination and Protection of Minorities (1979) para 599. See also HRC General Comment 23 para 6.2, Working Group (2005) para 56.
[9] For a commentary on this provision see Working Group (2005) paras 65-70.
[10] Report of the Independent Expert in the field of cultural rights, mission to Brazil, A/HRC/17/38/Add.1(2010), para 33.
[11]Study on the rights of persons belonging to ethnic, religious and linguistic minorities by Francesco Capotorti paras 594-595.
[12]Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minoritiesart 2(1).
[13] Working Group para 34, HRC General Comment 23 para 6.1.
[14]Working Group on Minorities of the Sub-Commission on the Promotion and Protectionof Human Rights, ‘Citizenship and the minority rights of non-citizens’, working paper by Fernand de Varennes, E/CN.4/Sub.2/AC.5/1997/WP.6, paras 25-26.
[15] ICCPR art 18.
[16]Report of the Independent Expert on minority issues, mission to Viet Nam, A/HRC/16/45/Add.2 (2011) para 59.
[17] UNESCO Convention against Discrimination in Education art 5(b),
[18]Report of the independent expert on minority issues, mission to Viet Nam, paras 62-64;UN Fact Sheet No.18 (Rev.1), Minority Rights.
[19] CERD Concluding Observations: Pakistan, CERD/C/PAK/CO/20 (CERD, 2009), para 19; Interim report of the Special Rapporteur on freedom of religion or belief, A/62/280, paras. 70 and 76.
[20]Kitok v Sweden application 197/1985 (HRC 1988) para 9.8.