8
31. Protection under Article 18 (Right to a Name) of the Convention includes their
right to name their communities, places and persons in their own language, and to
maintain those names.
32. Protection under Article 21 (Right to Property) of the Convention includes the
right to use and enjoy their material and non-material property.
33. Protection under Article 23 (Right to Participate in Government) of the
Convention is based on acknowledgment of the right of members of ethnic and
cultural groups to freely participate at all decision-making levels in public institutions
responsible for policies and programs that concern them.
34. Finally, Articles 24 (Right to Equal Protection) and 1(1) Obligation to Respect
Rights) of the American Convention are two cross-cutting themes that run through all
the aforementioned aspects, as members of ethnic and cultural groups are free and
equal to all persons in dignity and rights and must fully enjoy human rights and basic
freedoms, with no obstacles or discrimination of any sort. Furthermore, in some
cases, the States must adopt positive measures to ensure full exercise of all their
human rights.
35.
The right to cultural identity and all the rights that stem from it are subject to
the same limitations as the other rights embodied in the American Convention, that is:
“by the rights of others, by the security of all, and by the just demands of the general
welfare, in a democratic society.”4.
36. In view of the above, it is possible to establish that cultural identity is expressed
in various ways that fall under the protection, as well as the limitations, set forth in
the American Convention on Human Rights.
Alirio Abreu Burelli
Judge
Pablo Saavedra Alessandri
Secretary
4
Art. 32 of the American Convention.
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