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specific groups that may enjoy a stronger relationship with a place, land or site. 21 For
example, access by tourists to a particular site may sometimes be restricted to
safeguard access by locals, or national parks may close to the general public several
times per year to allow indigenous peoples to celebrate their special relationship with
the place. Any such distinction needs to be carefully evaluated i n the specific context,
taking into consideration the rights of all persons concerned.
25. According to article 5 (1) of the International Covenant on Economic, Social
and Cultural Rights, the right of everyone to take part in cultural life may not be
interpreted as implying for any State, group or person any right to engage in any
activity or perform any act aimed at the destruction of any of the rights and freedoms
recognized in the Covenant or at their limitation to a greater extent than is provided
for therein.
26. Direct or indirect references to public space are found in the work of many
United Nations human rights mechanisms. Successive Special Rapporteurs in the
field of cultural rights have addressed these issues in thematic reports, 22 country
reports 23 and communications. Communications have raised cases of destruction of
public spaces, either in the context of conflict or for renovations. 24
27. In its general comment 21 (2009) on the right of everyone to take part in cultural
life, the Committee on Economic, Social and Cultural Rights addressed the issue of
accessibility for older persons and persons with disabilities, as well as for those who
live in poverty, to places where cultural performances or services are offered, such as
theatres, museums, cinemas and libraries and, to the extent possible, to monuments
and places of national cultural importance (see E/C.12/GC/21, paras. 16 and 31). It
has also systematically reiterated the obligation of States to protect and promote the
use of the languages of ethnic minorities and indigenous peoples in public life (see,
for instance, E/C.12/POL/CO/6, para. 58; and E/C.12/AGO/CO/4-5, para. 55). The
Human Rights Committee has addressed the issue of restriction of public meetings
(see CCPR/C/SDN/CO/5, para. 45), closing down of public space through
suspensions of social media (see CCPR/C/COD/CO/4, para. 39), prior authorization
regimes for public gatherings (see CCPR/C/MAR/CO/6, para. 45), “criminalization
of homosexual acts which are punishable when they take place in public spaces ” (see
CCPR/C/BHR/CO/1, para. 23) and non-inclusion of sexual harassment in public
spaces in a sexual harassment bill (see CCPR/C/JAM/CO/4, para. 23). The Committee
on the Elimination of Discrimination against Women has addressed the prevalence of
violence against women and girls in public spaces and on public transportation (see
CEDAW/C/CRI/CO/7 and CEDAW/C/VNM/CO/7-8). The Working Group on the
issue of discrimination against women in law and in practice has found that only 8
out of 100 States have enacted laws prohibiting sexual harassment in public places,
and indicated that patriarchal and discriminatory family law or practice may limit
women’s freedom of movement in public spaces (see A/HRC/26/39, para. 104; and
A/HRC/23/50, para. 58). The Committee on the Rights of the Child has addressed the
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22
23
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See, for example, in relation to cultural heritage, A/HRC/17/38, paras. 62–63.
See, for example, A/HRC/25/49, A/69/286, A/HRC/23/34, A/HRC/34/56, A/72/155,
A/HRC/37/55, A/67/287 and A/71/317.
See reports on missions to Austria, Bosnia and Herzegovina, Cyprus, Morocco, the Russian
Federation, and Serbia and Kosovo (references to Kosovo shall be understood to be in the
context of Security Council resolution 1244 (1999)).
Communications to the Governments of Bahrain (BHR 9/2014 of 11 July 2014), Singapore (SGP
2/2012 of 29 May 2012), Pakistan (PAK 1/2016 of 12 January 2016), Saudi Arabia (SAU 7/2015
of 14 October 2015 and 3/2017 of 27 March 2017), Turkey (TUR 5/2016 of 21 September 2016
and 13/2018 of 23 November 2018) and the United Kingdom of Great Britain and Northern
Ireland (GBR 3/2017 of 20 July 2017).
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