Rights of members of ethnic, linguistic and religious minorities
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ICCPR Article 27 states
- In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.
Human Rights Committee General Comment No. 23: The rights of minorities indicates that
- the rights recognised in this Article include, but are not restricted to, peoples entitled to be recognised as "peoples" for the purposes of the right to self determination
- these rights are not restricted to citizens (except where specific rights such as voting rights under Article 25 are expressed to be restricted in this way)
- while the rights recognised under Article 27 they imply a right of members of ethnic, religious and minority communities to maintain their cultures and an obligation on States to take measures to ensure protection of these cultures.
More information
- Submission in The Queen v GJ (2005) : see also decision of the NT Court of Criminal Appeal
Interaction of group rights under ICCPR Article 27 and individual rights - Further information can be found in the Racial Discrimination section of this site and in our work on Freedom of Religion and Belief
