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of science, arts and culture, and accordingly agree to foster greater international
cooperation in these fields.
24. As regards the American Convention, the right to cultural identity, while not
explicitly set forth, is protected in the treaty based on an evolutionary interpretation
of the content of the rights embodied in its Articles 1(1), 5, 11, 12, 13, 15, 16, 17,
18, 21, 23 and 24, depending on the facts of the specific case. In other words, the
right to cultural identity is not abridged every time one of said articles is breached.
25. Protection under Article 5 (Right to Humane Treatment) of the American
Convention, in combination with Article 10 (Right to Health) of the San Salvador
Protocol includes the right of the members of ethnic and cultural groups to use their
own medicine and traditional health practices, as well as the right of access to public
health institutions and medical care provided to the rest of the population, to ensure
their physical, psychological and moral wellbeing.
26. Protection under Article 11 (Right to Privacy) of the Convention includes the
right of the members of ethnic and cultural groups not to suffer arbitrary or abusive
interference with their private, family and community life, which involves protection of
their culture and respect for the integrity of the values, practices and institutions of
these peoples.
27. Protection under Article 12 (Freedom of Conscience and Religion) of the
Convention entails the right of members of ethnic and cultural groups to protect,
express, disseminate, develop, teach and change their practices, ceremonies,
traditions, and spiritual customs, both in the public and private spheres. It also
involves their right to not be forcefully converted and for beliefs not to be imposed
upon them against their will.
28. Protection under Article 13 of the Convention (Freedom of Thought and
Expression) includes the right of the members of ethnic and cultural groups to
express their own culture, both in public and privately, that is, to use their dress,
artistic expressions, their entertainment; to preserve their own language; to seek and
obtain information on their culture; to participate in generating and disseminating
information and to request that information they deem erroneous regarding their
culture and history be corrected; to have access to the media and to establish their
own media; to contact and conduct activities with other cultures or with members of
their own culture who are outside their territory; and to be informed regarding all
matters that affect their spiritual, social, cultural life, as well as their movable and
real property.
29. Protection under Articles 15 (Right of Assembly) and 16 (Freedom of
Association) of the Convention includes the right of the members of ethnic and
cultural groups to meet and to establish associations in accordance with their own
culture, values, and customary law. These rights, in combination with Article 23
(Right to Participate in Government) of the Convention, allow these persons to
organize in accordance with their own traditional forms of organization, to elect their
representatives in accordance with their own forms of election, and to foster their
development in accordance with their aspirations and needs.
30. Protection under Article 17 (Rights of the Family) of the Convention asserts the
right of the members of these groups to maintain their own forms of family
organization and of kinship.
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