ILO Convention No. 169 establishes the right to culture and identifies its importance for indigenous peoples, including the protection of indigenous languages. 181 123. The CESCR, for its part, has pointed out that the right to take part in cultural life entails an obligation on the part of States to take appropriate legislative, administrative, judicial, budgetary, promotional and other measures aimed at the full realization of said right”, as well as to take steps to prevent third parties from interfering in that right. 182 Likewise, it has stressed that “[t]he protection of cultural diversity is an ethical imperative inseparable from respect for human dignity. It implies a commitment to human rights and fundamental freedoms, and requires the full implementation of cultural rights, including the right to take part in cultural life.” 183 124. In addition, this Committee has indicated that in order to understand the content and scope of the term “participate” it is necessary to consider, inter alia, the component of “access to cultural life.” The Committee considers that “access [to cultural life] covers in particular the right of everyone – individually, in association with others or as a community - to know and understand his or her own culture and that of others through education and information […] Everyone also has the right to learn about forms of expression and dissemination through any technical medium of information and communication […].” 184 125. This Court has pointed out that cultural identity is a “basic human right, and one of a collective nature in indigenous communities, 185 which must be respected in a multicultural, pluralist and democratic society.” 186 The Court understands that the right to cultural identity “protects the freedom of individuals, including when they are acting together or as a community, to identify with one or several societies, communities or social groups, to follow a way of life connected to the culture to which they belong and to take part in its development. Thus, this right protects the distinctive features that characterize a social group without denying the historical, dynamic and evolving nature of culture.” 187 126. As part of the “right to culture”, both the ADRIP and the UNDRIP identify the right to “practice,” the right to “disseminate,” and the obligation to ensure that indigenous peoples can have access to and participate in cultural life. Both instruments also protect the right to preserve and revitalize culture and languages. In this regard, the ADRIP establishes that “States shall take measures to promote the broadcasting of radio and television programs in indigenous languages, particularly in areas with an indigenous presence” and “shall support and facilitate the creation of indigenous radio and television stations […].” 188 181 182 183 184 15.b. Cf. Article 28(3) of ILO Convention 169. Cf. UN, CESCR. General Comment No. 21, supra, paras. 48, 55 and 63. Cf. UN, CESCR. General Comment No. 21, supra, para. 40. Cf. UN, CESCR. General Comment No. 21: Right of everyone to take part in cultural life, supra, paras. 14 and 185 “The right to cultural identity is relevant to indigenous peoples, but not only to them: it is closely related to the right of every person to “participate in cultural life” and to the right of members of groups considered “minorities” to “have their own cultural life.” Cf. Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina. Merits, reparations and costs, supra, para. 231 and footnote 233. 186 Cf. Environment and Human Rights (State obligations in relation to the environment in the context of the protection and guarantee of the rights to life and personal integrity - interpretation and scope of Articles 4(1) and 5(1), in relation to Articles 1(1) and 2 of the American Convention on Human Rights). Advisory Opinion OC-23/17 of November 15, 2017. Series A No. 23, para. 113. Mutatis mutandi, Case of the Kichwa Indigenous People of Sarayaku v. Ecuador, supra, para. 217, and Case of the Río Negro Massacres v. Guatemala. Preliminary objection, merits, reparations and costs. Judgment of September 4, 2012. Series C No. 250, para. 160. 187 Cf. Case of the Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina. Merits, reparations and costs, supra, para. 240. 188 Article XIV of the American Declaration on the Rights of Indigenous Peoples. -35-