(1) Anyone who belongs to an ethnic, religious or linguistic minority must not be denied the right, with other members of the minority, to enjoy their culture, to declare and practise their religion, or to use their language.
(2) Aboriginal and Torres Strait Islander peoples hold distinct cultural rights and must not be denied the right—
(a) to maintain, control, protect and develop their—
(i) cultural heritage and distinctive spiritual practices, observances, beliefs and teachings; and
(ii) languages and knowledge; and
(iii) kinship ties; and
(b) to have their material and economic relationships with the land and waters and other resources with which they have a connection under traditional laws and customs recognised and valued.
Note The primary source of the
rights in s (2) is the United Nations Declaration on the Rights of Indigenous
Peoples, art 25 and art 31.
Note The primary source of these rights is the International Covenant on Economic, Social and Cultural Rights.