CRC/C/GC/11
page 4
15. The Committee notes that the Convention contains references to both minority and
indigenous children. Certain references in this general comment may be relevant for children of
minority groups and the Committee may decide in the future to prepare a general comment
specifically on the rights of children belonging to minority groups.
Article 30 and general obligations of States
16. The Committee recalls the close linkage between article 30 of the Convention on the
Rights of the Child and article 27 of the International Covenant on Civil and Political Rights.
Both articles specifically provide for the right, in community with other members of his or her
group, to enjoy his or her own culture, to profess and practise his or her own religion or to use
his or her own language. The right established is conceived as being both individual and
collective and is an important recognition of the collective traditions and values in indigenous
cultures. The Committee notes that the right to exercise cultural rights among indigenous peoples
may be closely associated with the use of traditional territory and the use of its resources.1
17. Although article 30 is expressed in negative terms, it nevertheless recognizes 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. The Committee concurs with the Human Rights Committee that positive
measures of protection are 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.2
18. In this context, the Committee also supports the Committee on the Elimination of Racial
Discrimination in its call upon States parties to recognize and respect indigenous distinct
cultures, history, language and way of life as an enrichment of the State’s cultural identity and to
promote its preservation.3
19. The presence of indigenous peoples is established by self-identification as the fundamental
criterion for determining their existence.4 There is no requirement for States parties to officially
recognize indigenous peoples in order for them to exercise their rights.
1
Human Rights Committee, general comment No. 23 on article 27, CCPR/C/Rev.1/Add.5,
1994, paras. 3.2, 7. Recommendations of CRC Day of General Discussion on the Rights of
Indigenous Children, 2003, para. 4.
2
Human Rights Committee, general comment No. 23 on article 27, CCPR/C/Rev.1/Add.5,
1994, para. 6.1.
3
Committee on the Elimination of Racial Discrimination, general recommendation No. 23 on
Indigenous Peoples, 1997, contained in A/52/18, Annex V.
4
ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries No. 169,
article 1 (2).