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31. The Declaration on Minorities, inspired by article 27 of the International
Covenant on Civil and Political Rights, establishes the responsibility of States to
ensure the protection of minority religious identity. However, importantly, it goes
much further in its scope and elaborates positive requirements for the protection of
minority group rights beyond freedom of religion and religious identity. Article 1,
paragraph 1, establishes that States shall protect the existence and the national or
ethnic, cultural, religious and linguistic identity of minorities within their respective
territories and shall encourage conditions for the promotion of that identity. Article 1,
paragraph 2, requires a positive obligation on States to adopt appropriate legislative
and other measures to achieve those ends. Throughout the Declaration, the positive
obligations of States to protect and promote minority rights are emphasized.
32. Article 2 outlines that minorities have the right to establish and maintain their
own associations (art. 2, para. 4); 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 (art. 2, para. 5). Article 2 underscores the
right to participate effectively in cultural, religious, social, economic and public life
and 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.
33. Positive obligations of States are further emphasized in the requirement for
States to take measures to create favourable conditions to enable persons belonging
to minorities to express their characteristics and to develop their culture, language,
religion, traditions and customs (art. 4, para. 2). States are also called upon to take
measures in the field of education, in order to encourage knowledge of the history,
traditions, language and culture of the minorities existing within their territory (art. 4,
para. 4). Article 5 requires national policies and programmes to be planned and
implemented with due regard for the legitimate interests of persons belonging to
minorities, as well as programmes of cooperation and assistance among States.
34. A minority rights-based approach to the protection of the rights of religious
minorities is an obligation of all States. Minority rights require a broad protection of
the culture, languages, traditions and customs of religious minorities and
understanding of leadership and customary law structures that might result, for
example, in consideration of special or autonomous arrangements. It requires the State
to take positive measures both in respect to the rights of minorities to enjoy and
practise their religion and all aspects of their identity, and also in respect to their
equal place in society and their ability to participate fully in economic, political and
social life.
35. The scope of both minority rights and freedom of religion or belief is wide and
inclusive. This is clear from the relevant norms enshrined in articles 18 and 27 of
the International Covenant on Civil and Political Rights as well as the related
General Comments 22 and 23 of the Human Rights Committee relating to the right
to freedom of thought, conscience and religion and minority rights, respectively.
Minorities are to enjoy culture, religion and language, and freedom of religion or
belief is to include manifestation in “worship, observance, practice and teaching”.
This scope is also upheld in other instruments such as articles 14 and 30 of the
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