Article 27 of the ICCPR Revisited – The Right to Culture as a Normative Source for Minority /Indigenous Participatory Claims in the Case Law of the Human Rights Committee

in Hague Yearbook of International Law / Annuaire de La Haye de Droit International, Vol. 26 (2013)
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Abstract

Article 27 of the International Covenant on Civil and Political Rights (‘ICCPR’) constitutes the main universal legally binding norm for the safeguarding of minority and indigenous cultures. In this context, particularly significant is the expanded interpretation given both to its meaning – in such aspects as the broad conception of its core concept, ‘culture’, the positive content of its accorded protection, the recognition of its collective dimension, and even of its potential linkage to the right of self-determination – and scope (i.e. the inclusion of indigenous, non-citizens and migrant workers) by the Covenant’s monitoring body, the Human Rights Committee.”

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