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spaces and why, including changes of place names, should not be taken without
adequately consulting all stakeholders, and especially minority groups.
E.
Natural spaces
67. People may wish to access natural spaces for recreational activities ( walking,
sightseeing, family gatherings), for cultural and spiritual practices or rituals or for
their symbolic and historical significance. 67 Whether natural spaces are publicly or
privately owned, their enjoyment can directly affect the exercise of cultural rights.
Natural spaces should be made as accessible as possible to the public, subject only to
the limitations permissible under international standards.
68. Some States have adopted policies and legislation to grant access to natural
spaces for recreation 68 – land, forests, mountains, lakes and rivers – whether public
or privately owned. In other countries, this right is limited to some natural spaces, for
instance, waterfronts. While granting the right of passage and enjoyment of the
seashore, States in some cases still impose limitations on, for example, bathing or
the use of drones for safety reasons. Following her visit to Saint Vincent and the
Grenadines, the former Special Rapporteur recommended that specific legislation be
passed making it obligatory for all private proprietor s to provide a thoroughfare for
public access to beaches (see A/HRC/23/34/Add.2, para. 64). Some countries have
established public footpaths and signed voluntary agreements with farmers to give
general access to the countryside, while in many other countries accessing nature is
limited and depends on the granting of permits that are hard to obtain. 69
69. Natural spaces also face grave risks from climate change, such as erosion of
waterfronts or fires owing to resulting droughts. Effective and timely response to the
climate emergency will be essential to preserve the ability to enjoy cultural rights
related to these spaces. Recently in Australia, indigenous peoples from low -lying
islands have claimed that their right to maintain their culture is being violated owing
to the failure of the State to act on climate change. 70
F.
Cyberspace
70. In the digital age, public spaces are no longer limited to strictly physical spaces
but also include cyberspace. This implies that human rights guarantees continue to
apply online, subject to the same regime of limitations recognized in international
human rights law for distinctive rights 71 and that public powers, to fulfil their human
rights obligations, may need to take measures to ensure access to and participation in
cyberspace for all. This issue is broad, deserving of a dedicated future report from
this mandate.
V. Privatization of public spaces and impact on cultural rights
71. In many contexts, trends towards privatization may have a significant impact on
the accessibility and suitability of public spaces for the enjoyment of human rights.
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67
68
69
70
71
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See contribution by Brazil.
Including Austria, Czechia, Estonia, Finland, Iceland, Latvia, Lithuania, Norway, Sweden and
Switzerland.
See contribution by the national human rights institution of Argentina for examples of lakes in
Patagonia that are inaccessible due to their being located on private property.
For information on the complaint submitted to the Human Rights Committee, see
http://ourislandsourhome.com.au/#about.
See Human Rights Council resolution 20/8.
19-13014