Australian Capital Territory Current Acts

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HUMAN RIGHTS ACT 2004 - SECT 27

Cultural and other rights of Aboriginal and Torres Strait Islander peoples and other minorities

    (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.



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