A/HRC/22/49
resources, competing demands or times of economic difficulty, may give a low priority to
expenditure on the protection of the linguistic and cultural rights of minorities. However,
this can lead to tensions, for example where large or concentrated minority communities are
denied their rights to education in minority languages. While some measures to implement
the rights of minorities are relatively low cost and cost effective, where resource constraints
are acute, inter-State cooperation and assistance may provide necessary opportunities,
examples of good practices and practical assistance, as envisaged under articles 6 and 7 of
the 1992 Declaration on Minorities.
29.
A number of conceptual issues continue to arise, and clarification would assist States
in fulfilling their obligations. For example, while stronger entitlements may apply to
traditionally present minorities and those that constitute a substantial percentage of a
national or regional population, there is a lack of clarity regarding what the threshold
should be in practice. Lack of clarity exists regarding the language rights entitlements of
―new‖ and dispersed minorities. In many countries with diverse language communities,
understanding of the rights of linguistic minorities remains poor and implementation is
consequently weak, inconsistent or neglected. Awareness-raising and technical assistance
would improve the understanding of rights and duties as well as methodologies and
technical and pedagogical modalities.
B.
Legal framework for the protection of the rights of linguistic minorities
30.
The rights of individuals freely to use, learn and transmit their languages in public
and in private without discrimination are well established in international human rights law
and are understood to have group or collective dimensions. The International Covenant on
Civil and Political Rights, in article 2, requires States to ensure that the human rights of all
individuals within their territory and subject to their jurisdiction will be ensured and
respected without distinction of any kind including on the basis of language. Article 19
guarantees freedom of expression and the right to impart or receive information and ideas
of all kinds in the medium or language of one’s choice. Article 27 reads: ―In those States in
which ethnic, religious or linguistic minorities exist, persons belonging to such minorities
shall not be denied the right, in community with the other members of their group, to enjoy
their own culture, to profess and practise their own religion, or to use their own language.‖
The Convention on the Rights of the Child requires, under article 30, that children
belonging to minorities have the right to use their own language.
31.
The 1992 Declaration on Minorities further elaborates the rights of minorities,
including in relation to language. Importantly it imposes positive obligations on States and
the requirement for positive measures that go beyond standard non-discrimination
provisions contained in other international standards. Article 1, paragraph 1, requires States
to protect the existence and the national or ethnic, cultural, religious and linguistic identity
of minorities within their respective territories and encourage conditions for the promotion
of that identity. Article 1, paragraph 2, requires the adoption of appropriate legislative and
other measures to achieve those ends. Article 2, paragraph 1, states that persons belonging
to national or ethnic, religious and linguistic 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. Article 4,
paragraph 2, requires 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. Article 4, paragraph 3, requires States to take
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