A/74/255 global), thereby implying to a certain extent some rights, for example, the right of these persons to access it. It is important to safeguard the rights of all to access cultural heritage, including that of others. Nevertheless, access to certain heritage may legitimately be restricted at times to preserve the right of certain persons or groups, like indigenous peoples and locals, who have a different relationship with the concerned heritage, to exercise traditional cultural uses and practices. 81 In order not to result in discrimination, differentiated access must be considered carefully and justified within the complexity of each context, and should never be granted on an arbitrary basis. 82. While providing certain additional legal protections to the site, for instance, from development, construction or other types of alterations, inscription on an international heritage list also increases the interest of the tourism industry and may lead to increasing limitations on use and access for preservation purposes. This is particularly true for monuments or archaeological sites but also for natural heritage sites, 82 and should be addressed by policymakers. VI. Conclusions and recommendations Conclusions 83. Public spaces are conduits for realizing human rights for all. 83 The human rights framework should be applied to the design, development and maintenance of public spaces in urban, rural, natural and digital spaces. If States, international organizations and the international community do not take the issue of public space seriously and fail to understand it as a basic question of human rights, it will be impossible to fulfil cultural rights, and indeed many other universal human rights. 84. Given that many human rights are contingent on the availability of public spaces, these rights must be understood as requiring the enjoyment of adequate public spaces by all, without discrimination. Such a right to access and enjoy public spaces is to be recognized as grounded in many human rights provisions across the spectrum of civil, cultural, economic, political and social rights, in particular the right to take part in cultural life, freedoms of expression, assembly, association and religion or belief, and the rights to development, education and adequate housing. Local authorities are often given the responsibility to guarantee the collective and participatory character of public spaces and should promote the creation and regeneration of public spaces in conditions of quality, equality, inclusiveness, accessibility and universal design. 85. Some experts have claimed a free-standing human right to public spaces, 84 and some States have recognized it. 85 This idea merits serious consideration. 86. As part of their internationally guaranteed human rights, including their cultural rights, all persons have the right, without discrimination, to access, use __________________ 81 82 83 84 85 19-13014 See contribution of UNESCO on how this question was addressed in the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage. See contribution by Emek Shaveh on tensions between tourism and usage by residents, and the 2017 decision by the High Court of Justice of Israel that public space s cannot be closed without an alternative for residents. Jasdeep Randhawa, “Public space: the conduit for realizing human rights in cities for all ” (UN-Habitat). Gregory Smithsimon “The right to public space”, and Global Platform for the Right to the City and Habitat International Coalition. See also contributions by Barcelona and Buenos Aires. See, for example, contribution by Mexico. 21/24