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humanity, while still nurturing and expressing their own identities. They include
cultural sites, as well as open, natural, virtual, urban and rural spaces, public facilities
and streets. Such spaces are inherently diverse and shared by many people in both
collective and distinctive ways. The existence and human rights -respecting
management of such spaces, without discrimination, is a necessary precondition for
the enjoyment of cultural rights and many other universal human rights. The pursuit
of social cohesion does not mean that controversies and debate cannot arise in public
spaces. They are places where various, sometimes opposing, world visions can at
times be expressed and where controversies can be debated in circumstances that
respect the human rights of all.
9.
Though distinct, some privately owned spaces of public use may sometimes
function as public spaces and will also receive some consideration here. These may
include commercial malls used by people as leisure and gathering spaces, as wel l as
spaces surrounding village wells in rural areas, located on private property but with a
customary right for public access and use. The Special Rapporteur notes that some
groups, such as indigenous peoples, may at times need their own “common space”,
which may not always be accessible to all, or accessible only under certain conditions.
Such spaces must be respected, but they are also governed by human rights standards,
such as the prohibition of discrimination, including against women.
The diversity of public spaces and related challenges
10. The Special Rapporteur uses the term “public spaces” in its plural form, to
underline the plurality and diversity of these spaces and the ways people use them.
Some of this diversity is outlined below.
11. The nature, form and size of the space may vary. As mentioned above, public
spaces include not only urban but also rural and natural spaces (including squares,
parks, cemeteries, public transportation, forests, mountains and waterfronts), real and
virtual spaces, cultural sites, public facilities (including public housing, libraries and
museums, public schools and town halls) and streets. Each kind of space may give
rise to its own particular human rights opportunities and concerns.
12. In today’s world, rapid urbanization poses many challenges related to public
space. Designing inclusive public spaces can be impeded by a lack of knowledge
about the needs of different users or a lack of commitment and strategic planning to
include them in the process. Corruption in public works and weak communication
between stakeholders represent further obstacles. 11
13. In rural areas, issues surrounding public spaces where people gather to discuss,
interact, exercise their citizenship, relate to the environment and access resou rces
such as water and land in conditions of safety, remain crucial. The question of who
decides and manages these spaces can have important human rights consequences.
The struggle to preserve cultural spaces in rural areas, such as village or mobile
libraries, has been difficult in many contexts and should likewise be supported.
Questions related to rural public spaces have received less attention and merit further
consideration.
14. Virtual spaces add a new dimension, complementing real spaces without
replacing them. The Special Rapporteur stresses that the increase of virtual public
spaces does not lessen the importance of real spaces where people can meet and
interact in person. While virtual spaces afford important new opportunities for
exercising cultural rights and making global and local connections, they also raise
urgent human rights questions and may undermine real spaces by encouraging people
to prioritize virtual rather than actual interactions with one another. Moreover, the
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See contribution by Janett Jimenez Santos.
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