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PROMOTING AND PROTECTING MINORITY RIGHTS
ARTICLE 2
2.1
Persons belonging to national or ethnic, religious and linguistic minorities
(hereinafter referred to as persons belonging to minorities) have the right to
enjoy their own culture, to profess and practise their own religion, and to use
their own language, in private and in public, freely and without interference
or any form of discrimination.
33. Article 27 of the International Covenant on Civil and Political Rights has almost the same
language, but the Declaration is more explicit in requiring positive action. Article 27 of the
Covenant requires that persons belonging to minorities “shall not be denied the right to …”,
whereas article 2 of the Declaration uses the positive expression “have the right to …”. Article
27 has been interpreted by the Human Rights Committee as requiring more than mere passive
non-interference.8 The Declaration on Minorities makes it clear that these rights often require
action, including protective measures and encouragement of conditions for the promotion of
their identity (art. 1) and specified, active measures by the State (art. 4).
34. The words “freely and without interference or any form of discrimination” at the end of
article 2.1 show that it is not enough for the State to abstain from interference or discrimination.
It must also ensure that individuals and organizations of the larger society do not interfere or
discriminate.
2.2 Persons belonging to minorities have the right to participate effectively in cultural,
religious, social, economic and public life.
35. The right to participate in all aspects of the life of the larger national society is essential,
both in order for persons belonging to minorities to promote their interests and values and to
create an integrated but pluralist society based on tolerance and dialogue. By their participation
in all forms of public life in their country, they are able both to shape their own destinies and to
contribute to political change in the larger society.
36. The words “public life” must be understood in the same broad sense as in article 1 of the
International Convention on the Elimination of All Forms of Racial Discrimination, though much is
covered already by the preceding words “cultural, religious, social and economic”. Included in
“public life” are, among other rights, rights relating to election and to being elected, the holding
of public office, and other political and administrative domains.
37. Participation can be ensured in many ways, including the use of minority associations (see
also article 2.4), membership in other associations, and through their free contacts both inside
the State and across borders (see article 2.5).
2.3 Persons belonging to minorities have the right to participate effectively in decisions
on the national, and where appropriate, regional level concerning the minority to
which they belong or the regions in which they live, in a manner not incompatible
with national legislation.
38. While article 2.2 deals generally with the right to participation in all aspects of the
public life of a society, article 2.3 deals specifically with the right of persons belonging to
minorities to effective participation “in decisions … concerning the minority to which they belong
or the regions in which they live”. As such decisions have a particular impact on persons
belonging to minorities, the emphasis on effective participation is here of particular importance.
Human Rights Committee, general comment No. 23, adopted at the fiftieth session, 1994, paragraphs 6.1 and
6.2.
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