A/HRC/46/34 State parties must guarantee the cultural rights set out in article 15 of the International Covenant on Economic, Social and Cultural Rights. Such obligations are also included, in part, in article 27 of the Universal Declaration of Human Rights. Limitations placed on the enjoyment of cultural rights in order to protect public health can be legitimate if they are in accordance with international standards. Indeed, to return to fuller enjoyment of cultural rights, effective public health measures are an absolutely necessity. However, where measures limit cultural rights, they should comply with the conditions set out in article 4 of the International Covenant on Economic, Social and Cultural Rights and article 29 of the Universal Declaration. In accordance with article 4 of the Covenant, they should subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society. 73. As stressed by the Committee on Economic, Social and Cultural Rights and reiterated by, among others, the Special Rapporteur on the right to education, limitations on Covenant rights must be necessary to combat the public health crisis posed by COVID-19 and be reasonable and proportionate. Emergency measures and powers adopted by States parties to address the pandemic should not be abused and should be lifted as soon as they are no longer necessary for protecting public health. In addition, responses to the pandemic should be based on the best available scientific evidence to protect public health. 157 74. It is reprehensible when States misuse public health claims as a justification for violating human rights, or when they fail to adequately mitigate the harm done by legitimate pandemic measures. However, misuse of rights claims to subvert necessary and legitimate public health measures in ways that gravely undermine the rights of others must also be rejected. Examples include attempts to co-opt rights language to justify holding large inperson and/or non-physically distanced religious and cultural gatherings around the world indoors, which became super-spreader events, 158 or refusal to wear masks in public. 159 Human rights generally, including cultural rights, should be exercised in a way that protects the rights to life and health of all now. That is the only path to ending the pandemic and returning to full, public and shared cultural life. Vital provisions in international human rights law prohibit using one’s own rights as a sword “aimed at the destruction of any of the rights and freedoms” of others.160 75. The Committee on Economic, Social and Cultural Rights and other United Nations bodies and experts have insisted that States must mobilize resources to combat COVID-19 equitably and prioritize allocation of such resources to marginalized groups, a recommendation with which the Special Rapporteur concurs. 161 VII. Conclusions and recommendations A. Conclusions 76. The pandemic will create a lasting cultural catastrophe unless urgent, effective action is taken to guarantee cultural rights at this time, when these rights are so central to human well-being, resilience and development. 77. The framework for action is: CULTURES. “C” stands for consultation of all affected stakeholders and their participation in making policies to protect cultural life and rights during and after the pandemic. “U” is for the urgency of the response needed in terms of funding and support for artistic and cultural sectors and those who work in them, and for cultural rights defenders, and in the form of action to prevent artistic and 157 158 159 160 161 See E/C.12/2020/1, paras. 10–11 and A/HRC/44/39, para. 11. See www.wsj.com/articles/coronavirus-is-spreading-at-religious-gatherings-ricocheting-acrossnations-11584548174. See, e.g., www.bbc.com/news/world-us-canada-52540015. See, for example, International Covenant on Civil and Political Rights, art. 5; and Universal Declaration of Human Rights, art. 30. See E/C.12/2020/1, para. 14; and A/HRC/44/39, para. 12. 19