A Right to Media? Lorie M. Graham - Columbia Law School

2010] A RIGHT TO MEDIA? 457
religious or linguistic minorities exist,” persons belonging to minority
groups shall not be denied the right to enjoy their own culture or to
use their own language. 105 The Human Rights Committee (the
“HRC”) elaborated upon the scope of state obligations under Article
27 by stating that:
The Committee concludes that article 27 relates to rights
whose protection imposes specific obligations on States
parties. The protection of these rights is directed towards
ensuring the survival and continued development of the
cultural, religious and social identity of the minorities
concerned, thus enriching the fabric of society as a
whole . . . . 106
The HRC has noted in particular that the language rights
protected under Article 27 are “distinct from other language rights
protected under the [ICCPR],” including “the general right to
freedom of expression protected under Article 19 [of the ICCPR].” 107
This supports the recognition in Article 16 of the right of indigenous
peoples to establish media in their own language.
The Children’s Convention (the “CRC”) similarly links media
rights with the right to cultural and linguistic integrity. As earlier
noted, Articles 13 and 17 of the CRC require states to take steps to
promote cultural awareness and pluralism in media so as to benefit
indigenous children, which in turn advances the cultural integrity
rights of indigenous peoples, as children are the primary means by
which those rights are carried forward. 108 Additionally, Articles 17
and 30 of the CRC both recognize and advance the language rights of
indigenous children through media and other means. 109 Since media,
by its very nature, has the ability to promote language and cultural
integrity, programming presented in indigenous languages and
oriented from indigenous worldviews has the potential to bolster
indigenous culture and revitalize threatened languages consistent
with the mandates of Article 16 of the UNDRIP.
105. ICCPR, supra note 36, art. 27. Although Article 27 of the ICCPR
refers to “ethnic, linguistic and religious minorities,” the protections granted in
the provisions apply to indigenous peoples as well. Human Rights Comm.,
Compilation of General Comments and General Recommendations Adopted by
Human Rights Treaty Bodies, general cmt. 23, paras. 3.2, 7, U.N. Doc.
HRI/GEN/1/Rev.1 (July 29, 1994).
106. Id. at general cmt. 23, para. 9.
107. Id. at general cmt. 23, para. 5.3.
108. Children’s Convention, supra note 39, arts. 13, 17.
109. Children’s Convention, supra note 39, arts. 17, 30.