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Chapter Summary

The Human Rights Committee has defined a continuing violation as an affirmation, after the entry into force of the Optional Protocol to the International Covenant on Civil and Political Rights, by act or by clear implication, of the previous violations of the State party. There are no formal international definitions of the terms “minorities” and “indigenous peoples” and these categories overlap in international practice, especially in terms of the need to establish non-discrimination towards them. This chapter argues that there are special characteristics of cultural rights pertaining to minorities and indigenous peoples, in addition to the general characteristics pertaining to the cultural rights of individuals. It reviews the international and regional standards, the practice of international and regional bodies and the jurisprudence of the Permanent Court of International Justice, the Inter-American Court of Human Rights, and the case law of the Human Rights Committee.

Keywords: case law; cultural rights; Human Rights Committee; indigenous peoples; Optional Protocol; Permanent Court of International Justice; State party



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