PART THREE: PROTECTING MINORITY RIGHTS
As noted above, in 2011, the Committee on the Elimination of Discrimination against Women and the
Committee on the Rights of the Child adopted detailed guidance on ending harmful practices, including aspects
of these questions related to minorities, and in particular the need to avoid stigmatizing them.1049
IV. LANGUAGE, LINGUISTIC MINORITIES,
DISCRIMINATION, EQUALITY AND INCLUSION
PART THREE
Articles 2 and 26 of the International Covenant on Civil and Political Rights, article 2 of the International
Covenant on Economic, Social and Cultural Rights and article 2 of the Convention on the Rights of the Child
all prohibit discrimination on the basis of language. Article 27 of the International Covenant on Civil and
Political Rights makes specific provision for the rights of linguistic minorities and also identifies language as
means for identifying “those who belong to a group” sharing a common culture.1050 In particular, as concerns
linguistic minorities, the Human Rights Committee has elaborated that:
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 19.1051
The Human Rights Committee has also held that positive measures by States “may also be necessary to protect
the identity of a minority and the rights of its members to enjoy and develop their culture and language … in
community with the other members of the group”. 1052
The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
reaffirms that linguistic minorities have the right “to use their own language, in private and in public, freely
and without interference or any form of discrimination”; “to participate effectively in cultural, religious, social,
economic and public life”; “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”; “to establish
and maintain their own associations”; and “to establish and maintain, without any discrimination, free and
peaceful contacts with other members of their group and with persons belonging to other minorities, as well as
contacts across frontiers with citizens of other States to whom they are related by national or ethnic, religious
or linguistic ties”.1053
Guidance on access to public services in minority languages has been elaborated in a number of areas, as well
as affirmed in cases adjudicated at the supranational level, such as:
• The right to vote and participate in electoral services through the provision of these services in minority
languages where minorities are concentrated in sufficient numbers.1054
• The right to education in, and teaching of, minority languages.1055
• The right to access government services in minority languages in general, where appropriate.1056
1049
Joint general recommendation No. 31 of Committee on the Elimination of Discrimination against Women/general comment No. 18 of the
Committee on the Rights of the Child (2019).
1050
Human Rights Committee, general comment No. 23 (1994), para. 5.1.
1051
Ibid., para. 5.3.
1052
Ibid., para. 6.2.
1053
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, art. 2.
1054
See, for example, High Commissioner on National Minorities of the Organization for Security and Cooperation in Europe, “The Lund
recommendations on the effective participation of national minorities in public life and explanatory note” (The Hague, 1999). Available at
www.osce.org/files/f/documents/0/9/32240.pdf.
1055
Human Rights Committee, Mavlonov and Sa’di v. Uzbekistan (CCPR/C/95/D/1334/2004).
1056
Human Rights Committee, Diergaardt et al. v. Namibia (CCPR/C/69/D/760/1997).
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