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has on cultural rights. It insists on the responsibility of States for, and the roles of
other actors in, ensuring that public spaces become or remain a sphere for
deliberation, cultural exchange, enjoyment of universal human rights, social
cohesiveness, vivre ensemble, mutual understanding and diversity.
5.
For the purpose of the present report, the Special Rapporteur widely
disseminated a questionnaire. She received over 70 responses, which are available on
the website of the Special Rapporteur. Additionally, she was pleased to cons ult a
selected number of experts from around the world. She thanks all contributors.
II. Public spaces in the context of cultural rights
6.
A number of definitions of public space have been proposed by United Nations
agencies, civil society actors 3 and academics. 4 Most definitions require that public
spaces be open and accessible to all without discrimination. The United Nations
Educational, Scientific and Cultural Organization (UNESCO) stresses that public
spaces may refer to gathering places, such as parks and squares; connecting spaces,
such as streets and sidewalks; and virtual spaces. 5 For the Special Rapporteur on the
rights to freedom of peaceful assembly and of association, public spaces are “the
public sphere where discussions and disputes can freely take place with a view to
achieving consensus on what is good for society” (see A/HRC/35/28, para. 10). The
United Nations Human Settlements Programme (UN -Habitat) lists a number of
characteristics public spaces should have to contribute to substantive equality,
diversity and dignity, including availability, accessibility, affordability, flexibility and
good quality, and adds that, as a common good, public spaces imply a “spirit of public
service without any purpose other than contributing to the overall quality of urban
life”. 6 Some definitions suggest that, while use of public space should be guaranteed,
it is also important to contribute to it in a way that benefits the collective. 7
7.
The precise definition of public spaces used around the world at the national
level converge and diverge, and terminology varies, 8 as shown by the many responses
received to the questionnaire. Common aspects include the nature of public spaces as
places for exercising human rights, the importance of non-discrimination and
accessibility being built into the universal design of such spaces and the
understanding of such places as spaces of social justice. 9 Some variation is also
suggested, such as the blurring of lines between private and public space in rural
areas, and the existence of a notion of shared space in some regions. 10
8.
Having surveyed the range of definitions, the Special Rapporteur will consider
public spaces as places that are publicly owned and accessible to all without
discrimination, where people can share in the project of building a common society
based on human rights, equality and dignity, where they can find ways to develop
vivre ensemble, to build what they have in common and to share their common
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7
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See, for instance, the definition by the International Federation of Library Associations and
Institutions, and the definition by Charter of Public Space, 2013, para. 6.
For example, in Perla Korosec-Serfaty, “La sociabilité publique et ses territoires: places et
espaces publics urbains”, Architecture & Comportement, Vol. 4, No. 2 (1988), pp. 111–132.
See www.unesco.org/new/en/social-and-human-sciences/themes/urban-development/migrantsinclusion-in-cities/good-practices/inclusion-through-access-to-public-space.
United Nations Human Settlements Programme (UN-Habitat), Global Public Space Toolkit:
From Global Principles to Local Policies and Practic e (2015), p. 24.
See contribution by Temba Middelmann.
Related terms include “public domain” (contribution of Argentina) and “civic space” (see
A/HRC/32/20).
See, for example, contributions by Mexico, Norway and Qatar.
See contribution by Mali.
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