A/HRC/52/35 12. Article 15 of the International Covenant on Economic, Social and Cultural Rights also creates specific legally binding obligations on the States parties to the Covenant to recognize the right of everyone: (a) to take part in cultural life; (b) to enjoy the benefits of scientific progress and its applications; and (c) to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author. In interpreting this article, the Committee on Economic, Social and Cultural Rights clarified in its general comment No. 21 (2009) that this right includes a collective element. The Committee noted that it is “the right of everyone – alone or in association with others or as a community – to act freely, to choose his or her own identity, to identify or not with one or several communities or to change that choice, to take part in the political life of society, to engage in one’s own cultural practices and to express oneself in the language of one’s choice”. States should not only abstain from violating and unnecessarily restricting the cultural rights of migrants; the Covenant requires that they take specific steps, legal and other, for the full realization of this right for all (art. 15 (2)). Steps must also be taken to guarantee the “freedom indispensable for scientific research and creative activity” (art. 15 (3)) and to “recognize the benefits to be derived from the encouragement and development of international contacts and co-operation in the scientific and cultural fields” (art. 15 (4)). A. Substantive equality 13. The realization of substantive equality in the exercise of migrants’ cultural rights is guided by the International Convention on the Elimination of All Forms of Racial Discrimination: there should be no discrimination in purpose or in effect in the cultural field based on race, colour, descent, or national or ethnic origin (art. 1). The Committee on the Elimination of Racial Discrimination has noted the importance of cultural rights in protecting vulnerable groups to restore the balance of power in society, promote intercultural understanding and tolerance, help deconstruct racial stereotypes, facilitate the free exchange of ideas and offer alternative points of view and counterpoints.6 The Convention reaffirms that there should be no distinctions between citizens and non-citizens (art. 1 (2)) and that States should (not merely could) take concrete measures, including positive measures, for the development and protection of the rights of vulnerable groups in the cultural field (arts. 1 (4) and 2 (2)). The Human Rights Committee has also recently urged States to strengthen awareness-raising efforts aimed at promoting respect for human rights and tolerance for diversity, revisiting and eradicating stereotypical prejudices.7 14. Of relevance are also the provisions on the protection of members belonging to national or ethnic, linguistic and religious minorities. The recognition of a group as a minority is not determined by the State, but by specific criteria.8 It is now rather agreed that citizenship of the host State is not essential in order to be entitled to such protection; this has been confirmed by the Working Group on Minorities.9 the Advisory Committee on the Framework Convention for the Protection of National Minorities and academia.10 The specific time that the migrant is in the host country is also not of importance for the entitlement of minority protection, but only for the specific measures that need to be taken to realize such protection. On members of minorities and minority rights, the Human Rights Committee noted in its general comment No. 23 (1994): “Just as they need not be nationals or citizens, they need not 6 7 8 9 10 4 Committee on the Elimination of Racial Discrimination, general recommendations No. 30 (2004), paras. 37–38, and No. 35 (2013), paras. 24, 29, 31 and 34. CCPR/C/DEU/CO/7, para. 11. See also CCPR/C/HUN/CO/6, para. 17. Gudmundur Alfredsson, “A frame an incomplete painting: comparison of the Framework Convention for the Protection of National Minorities with international standards and monitoring procedures”, International Journal on Minority and Group Rights, vol. 7, No. 4 (2000). E/CN.4/Sub.2/2005/27, sect. VII, C, para. 16 (d). See also E/CN.4/Sub.2/AC.5/2005/2, paras. 10–11. See Rainer Hofmann, “The Framework Convention for the Protection of National Minorities: an introduction” in The Rights of Minorities: a Commentary on the European Framework Convention for the Protection of National Minorities, Marc Weller, ed. (Oxford, Oxford University Press, 2006); and Stephanie E. Berry, “Integrating refugees: the case for a minority rights based approach”, International Journal of Refugee Law, vol. 24. No. 1 (February 2012). GE.23-01011