A/HRC/48/74 that the principle exists with regard to both collective and individual rights. The principle must be applied to indigenous children specifically, while this may differ from the approach used for non-indigenous children in a State, the culture, lifestyle and collective rights of indigenous peoples must be taken into consideration. It must be applied specifically to the child in question and cannot be disregarded in favour of the best interests of the indigenous collective. 7. Article 30 of the Convention guarantees the rights of indigenous children to enjoy their own culture, profess and practise their own religion and use their language. In its seminal general comment No. 11 on indigenous children, the Committee on the Rights of the Child confirmed that under this article, States have an obligation to protect those rights and to take special measures in consultation with indigenous communities, including the participation of children in that process. An integral part of article 30 is that it contemplates the child within the community, thereby recognizing the individual rights of the child within the community, including rights to the enjoyment of their own culture, religion and language. The rights of indigenous children are also explicitly contemplated in article 17 (d) with regard to access to media in indigenous languages and in article 29 (d) on the aims of education. Other key instruments 8. In addition to their rights as children under the Convention, indigenous children have the full gamut of human rights enshrined in all relevant international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities, as well as regional instruments, including those specifically dealing with children, such as the African Charter on the Rights and Welfare of the Child. 9. Although not referred to specifically, indigenous peoples are understood to fall under article 27 of the International Covenant on Civil and Political Rights as ethnic, religious or linguistic minorities, which guarantees their rights to enjoy their cultures, religions and languages in community with others of their group. B. Collective rights of indigenous peoples under international law 10. In addition to their individual rights, indigenous peoples have collective rights under international law, as guaranteed by the United Nations Declaration on the Rights of Indigenous Peoples and the International Labour Organization (ILO) Indigenous and Tribal Peoples Convention, 1989 (No. 169), as well as regional and domestic instruments, such as the American Declaration on the Rights of Indigenous Peoples, which includes several references to children.4 United Nations Declaration on the Rights of Indigenous Peoples 11. The United Nations Declaration on the Rights of Indigenous Peoples outlines the collective rights of indigenous peoples and constitutes minimum standards for the survival, dignity and well-being of all indigenous peoples (art. 43). The first mention of the rights of indigenous children is in the preamble regarding the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and wellbeing of their children, consistent with the rights of the child. Article 7 deals with a key issue in the history of indigenous children, namely the collective right of indigenous peoples not to be subjected to any act of genocide or any other act of violence, including the forcible removal of children of one group to another group. Article 14 confirms the collective rights to education of indigenous peoples, including the establishment and control over educational systems and institutions, using culturally appropriate methods, in their own languages, without discrimination. 4 Articles VII, XV, XVII, XXVII, XXX. 3

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