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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

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Chapter Summary

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.”Central to the Committee’s reading is the need for minorities and indigenous peoples to have an opportunity to effectively participate in decisions affecting their cultural rights, which extends to a state obligation to gain their free, prior and informed consent, when the proposed measures seriously undermine their cultures. However, the Committee has so far failed to convincingly clarify either the criteria that render a participatory process truly effective, or the circumstances under which a decision, measure, or project could have a sufficiently serious impact on their cultures, thus making their consent to it mandatory.

10.1163/9789004287365_013
/content/books/b9789004287365s013
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