4. The Covenant also distinguishes the rights protected under article 27 from the guarantees under articles 2.1
and 26. The entitlement, under article 2.1, to enjoy the rights under the Covenant without discrimination applies
to all individuals within the territory or under the jurisdiction of the State whether or not those persons belong to
a minority. In addition, there is a distinct right provided under article 26 for equality before the law, equal
protection of the law, and non-discrimination in respect of rights granted and obligations imposed by the States.
It governs the exercise of all rights, whether protected under the Covenant or not, which the State party confers
by law on individuals within its territory or under its jurisdiction, irrespective of whether they belong to the
minorities specified in article 27 or not. 3/ Some States parties who claim that they do not discriminate on
grounds of ethnicity, language or religion, wrongly contend, on that basis alone, that they have no minorities.
5.1. The terms used in article 27 indicate that the persons designed to be protected are those who belong to a
group and who share in common a culture, a religion and/or a language. Those terms also indicate that the
individuals designed to be protected need not be citizens of the State party. In this regard, the obligations
deriving from article 2.1 are also relevant, since a State party is required under that article to ensure that the
rights protected under the Covenant are available to all individuals within its territory and subject to its
jurisdiction, except rights which are expressly made to apply to citizens, for example, political rights under
article 25. A State party may not, therefore, restrict the rights under article 27 to its citizens alone.
5.2. Article 27 confers rights on persons belonging to minorities which "exist" in a State party. Given the nature
and scope of the rights envisaged under that article, it is not relevant to determine the degree of permanence that
the term "exist" connotes. Those rights simply are that individuals belonging to those minorities should not be
denied the right, in community with members of their group, to enjoy their own culture, to practise their religion
and speak their language. Just as they need not be nationals or citizens, they need not be permanent residents.
Thus, migrant workers or even visitors in a State party constituting such minorities are entitled not to be denied
the exercise of those rights. As any other individual in the territory of the State party, they would, also for this
purpose, have the general rights, for example, to freedom of association, of assembly, and of expression. The
existence of an ethnic, religious or linguistic minority in a given State party does not depend upon a decision by
that State party but requires to be established by objective criteria.
5.3. The right of individuals belonging to a linguistic minority to use their language among themselves, in
private or in public, is distinct from other language rights protected under the Covenant. In particular, it should
be distinguished from the general right to freedom of expression protected under
article 19. The latter right is available to all persons, irrespective of whether they belong to minorities or not.
Further, the right protected under article 27 should be distinguished from the particular right which article 14.3
(f) of the Covenant confers on accused persons to interpretation where they cannot understand or speak the
language used in the courts. Article 14.3 (f) does not, in any other circumstances, confer on accused persons the
right to use or speak the language of their choice in court proceedings. 4/
6.1. Although article 27 is expressed in negative terms, that article, nevertheless, does recognize the existence of
a "right" and requires that it shall not be denied. Consequently, a State party is under an obligation to ensure that
the existence and the exercise of this right are protected against their denial or violation. Positive measures of
protection are, therefore, required not only against the acts of the State party itself, whether through its
legislative, judicial or administrative authorities, but also against the acts of other persons within the State party.