Those rights simply are that individuals belonging to those
minorities should not be denied the right, in community with
members of their group, to enjoy their own culture, to practice
their religion and speak their language. Just as they need not be
nationals or citizens, they need not be permanent residents.
Thus, migrant workers or even visitors in a State party
constituting such minorities are entitled not to be denied the
exercise of those rights. As any other individual in the
territory of the State party, they would, also for this purpose,
have the general rights, for example, to freedom of association,
of assembly, and of expression. The existence of an ethnic,
religious or linguistic minority in a given State party does not
depend upon a decision by that State party but requires to be
established by objective criteria.
5.3. The right of individuals belonging to a linguistic minority
to use their language among themselves, in private or in public,
is distinct from other language rights protected under the
Covenant. In particular, it should be distinguished from the
general right to freedom of expression protected under
article 19. The latter right is available to all persons,
irrespective of whether they belong to minorities or not.
Further, the right protected under article 27 should be
distinguished from the particular right which article 14(3)(f) of
the Covenant confers on accused persons to interpretation where
they cannot understand or speak the language used in the courts.
Article 14(3)(f) does not, in any other circumstances, confer on
accused persons the right to use or speak the language of their
choice in court proceedings 4/.
6.1. Although article 27 is expressed in negative terms, that
article, nevertheless, does recognize the existence of a "right"
and requires that it shall not be denied. Consequently, a State
party is under an obligation to ensure that the existence and the
exercise of this right are protected against their denial or
violation. Positive measures of protection are, therefore,
required not only against the acts of the State party itself,
whether through its legislative, judicial or administrative
authorities, but also against the acts of other persons within the
State party.
6.2. Although the rights protected under article 27 are
individual rights, they depend in turn on the ability of the
minority group to maintain its culture, language or religion.
Accordingly, positive measures by States may also be necessary to
protect the identity of a minority and the rights of its members
to enjoy and develop their culture and language and to practice
their religion, in community with the other members of the group.
In this connection, it has to be observed that such positive
measures must respect the provisions of articles 2(1) and 26 of
the Covenant both as regards the treatment between different
minorities and the treatment between the persons belonging to them
and the remaining part of the population. However, as long as
those measures are aimed at correcting conditions which prevent or
impair the enjoyment of the rights guaranteed under article 27,
they may constitute a legitimate differentiation under the
3