A/HRC/58/54
68.
A person belonging to a minority has the right to access information and
knowledge about the history, customs, practices and contribution to society as a whole
by the minority he or she belongs to. This implies that State authorities do not prevent
the production and diffusion of information and knowledge about the role of a given
minority in national storytelling, so that persons belonging to a minority group
understand and embrace their minority identity, and those not belonging to a minority
group understand the minority identity and its contribution to society as a whole and
respect it.
69.
Persons belonging to a minority have the right to express their identity in private
and in public spaces. This includes:
(a)
The right to use their own language;
(b)
The right to exert freely their religion and to express their religious
affiliation through their appearance or the wearing of other distinctive signs;
(c)
The right to promote their minority identity through traditional practices,
art and other cultural manifestations, including by preserving the environmental and
patrimonial dimension, whether natural or urban, through which their minority
identity is present in the public space.
70.
Persons belonging to a minority have the right to have their specific identity
recognized, preserved and protected wherever they live in the State territory, be it in
the territory traditionally occupied by the minority to which they belong, or in other
parts of the country (cities). Minority identity may neither be used as a pretext to
restrict the movement of persons within the State, nor as a justification for forced
displacements within or across State borders.
V. Recommendations
71.
States should urgently implement the commitments made in article 1 of the
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities. They should aim at a symbiotic relationship between minority
and dominant group identities and encourage conditions for the promotion of the
minority group’s identity, without discrimination, as follows:
(a)
In their relationship with persons belonging to a minority, States should
recognize the specific identity of persons belonging to a minority, including in official
documents concerning the use of a given name, which should preferably be in the
minority language or transliterated;
(b)
States should take no measures (or eliminate those that exist) that
preclude the free and genuine expression of the identity of persons belonging to a
minority, including signs of religious affiliation or the use of a minority language in
public space. Any imposition or restrictions as regards dress codes should not lead to
discrimination against persons belonging to a minority;
(c)
States should take no measures (or eliminate those that exist) that restrict
the right of persons belonging to a minority to perpetuate their minority identity from
one generation to the next, including through the transmission of traditional names,
cultural practices or other signs of minority identity, within the limit of respect for
individual human rights;
(d)
States should protect buildings or natural spaces that constitute part of
the minority identity;
(e)
States should communicate and consult with the Special Rapporteur
and/or OHCHR when taking measures related to paragraph 71.
72.
The Special Rapporteur requests the Human Rights Council to regularly assess,
during the universal periodic review, respect for the right of persons belonging to a
minority to their specific identity.
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