48
PROMOTING AND PROTECTING MINORITY RIGHTS
from being violated, not only by the State party itself but also by other persons. The Committee
has also stated that whether or not a minority exists is a question of fact, not dependent on
formal recognition by a State. The Committee also suggested that a State may need to ensure
the “effective participation of members of minority communities in decisions which affect them”,
in order to guarantee full enjoyment of the right to culture.
A number of other rights in the Covenant may be particularly relevant to minorities, including
the following.
Article 1 sets forth the right of “all peoples” to self-determination, which includes the right to
determine their political status and freely pursue their economic, social and cultural development.
Peoples may freely dispose of their natural wealth and resources. However, according to the
Human Rights Committee, this right does not belong to minorities per se, even though the
distinction between “peoples” and “minorities” is not always easy to discern. In no event would
this provision be considered to support demands by minorities for separation or secession from
an existing State.
Article 2.1 guarantees that the rights protected by the Covenant apply to all individuals, “without
distinction of any kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status”. This entitlement applies to all individuals
within a State’s territory or under its jurisdiction (see general comment No. 18 (1989)).
Article 3 provides for the equal enjoyment of all rights by men and women (see general comment
No. 28 (2000)).
Article 12 guarantees free movement and choice of residence for everyone lawfully within the
territory of a State, as well as the right to leave any country and to enter one’s own country (see
general comment No. 27 (1999)).
Article 17 protects against interference with a person’s privacy, family, home or correspondence,
as well as against attacks on honour and reputation (see general comments Nos. 16 (1988) and
23 (1994)).
Article 18 is essential to minorities and protects freedom of thought, conscience and religion.
Minorities may manifest their religion in public or private through worship, observance, practice
and teaching, and parents are free to ensure that the religious and moral education of their
children conforms to their own convictions (see general comment No. 22 (1993)).
Article 19 protects freedom of opinion and expression. This is fundamental to the ability of
minorities to communicate in their own language and includes “freedom to seek, receive and
impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in
print, in the form of art, or through any other media”. As is true for many other rights, freedom of
expression may be legitimately restricted by law, but only where such restrictions are necessary
to protect the rights of others or to protect national security, public order, public health or public
morality (see general comment No. 10 (1983)).
Article 20 requires Governments to prohibit any advocacy of national, racial or religious hatred
that constitutes incitement to discrimination, hostility or violence (see general comment No. 11
(1983)).
Article 22 guarantees freedom of association. While most of its provisions concern trade unions,
this article also protects the right to form and participate in minority educational, cultural, political
and other organizations.