nevertheless, recognizes the existence of a ‘right’ and
requires that it shall not be denied. Consequently, the State
should 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 itself, whether through its
legislative, judicial or administrative authorities, but also
against the acts of other persons within the State.
With regard to the exercise of cultural rights, it is to be noted
that culture manifests itself in many forms, including a
particular way of life associated with the use of land
resources, (such as traditional activities like cultivation or
hunting) especially in the case of indigenous peoples. The
enjoyment of those rights requires positive legal measures of
protection, and measures to ensure the effective
participation of members of minority communities in
decisions which affect them. The government should take
the necessary measures to enable the protection of cultural
rights to the fullest possible extent.
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.
119
94
See also, Human Rights Committee, CCPR General Comment No. 8 on the Right
to Liberty and Security of Persons (Art. 9), Sixteenth-session, June 30,1982;
also, Human Rights Committee, CCPR General Comment No. 21 on the Humane
Treatment of Persons Deprived of Liberty (Art. 10), Forty-fourth session, April
10, 1992.
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