A/HRC/43/50
levels. Hence, the work of cultural rights defenders is grounded in international human
rights standards, and they have the right to undertake their work.
6.
Human rights defenders are defined by what they do. They can be any person or
group of persons working peacefully to promote human rights, including cultural rights,
ranging from intergovernmental organizations, such as the United Nations Educational,
Scientific and Cultural Organization (UNESCO), to individuals working locally. Defenders
can be of any gender or age, from any part of the world and from any professional or other
background. Human rights defenders are not only found within non-governmental and
intergovernmental organizations; in some instances, they could be government officials,
civil servants or members of the private sector.4 Cultural institutions themselves may be
cultural rights defenders.
7.
Cultural rights defenders include experts, activists and ordinary people who act in
defence of cultural rights. While respect for expertise is today essential, it is also important
to avoid elitism in defining cultural work and to recognize wide-ranging contributions to
the defence of cultural rights. Some are unable to obtain the credentials necessary for expert
recognition because of discrimination, such as when women are excluded from educational
opportunities.
8.
Cultural rights defenders may work on different substantive areas of cultural rights
such as scientific freedom or the right to participate equally in sports. Collectively, they
reflect the vibrancy of broad cultural ecosystems. They may also work in different ways,
including those defenders who: (a) seek to understand, protect and develop cultural rights,
in line with human rights principles; (b) seek to protect individuals and groups who work
within cultural rights spaces through advocacy, education and research; (c) work to secure
the rights of all to have access to, participate in, contribute to and enjoy cultural life,
without discrimination; (d) use their work in the arts or culture to defend human rights
generally (A/HRC/37/55); (e) seek to protect the locations, broadly defined, where culture
is enjoyed, practised or developed, and ensure equal rights to access and enjoy those sites,
including public spaces and cultural heritage sites; (f) seek action to end impunity and gain
accountability for those that violate cultural rights, and remedies for victims of violations of
cultural rights; (g) advocate for or participate in processes of cultural change aimed at
enhancing the enjoyment of cultural rights and non-discrimination, in accordance with
international human rights norms; (h) work to strengthen policy to protect cultural rights; or
(i) seek opportunities, such as through education and communication, to highlight the
importance of cultural rights, including the cultural rights of specific groups, or to highlight
threats to those rights.
9.
Cultural rights defenders have many similarities with other human rights defenders
and their work should be recognized as being in the same category and of equal importance.
However, recognition of their own commonalities and specific needs, which are sometimes
overlooked, is vital. Moreover, the identities of human rights defenders may overlap. For
example, someone can be an indigenous human rights defender or a woman human rights
defender, and be a cultural rights defender simultaneously, or a person can be one and then
another, at different times.
10.
The present report does not create a new category. Instead, it explicitly names,
clearly identifies, and seeks to empower and raise the profile of an existing, often ignored,
subcategory of human rights defenders, in keeping with the Secretary-General’s call for a
more coherent and comprehensive approach to implementation of the Declaration on
Human Rights Defenders and for filling gaps in their protection (A/73/230, para. 66). While
naming is not a panacea for the difficulties faced by cultural rights defenders and may in
some situations have only modest benefits, it is one way of addressing challenges and
marshalling resources to do so, and can have significant impact in certain situations. The
task is to find cross-sectoral collaborative pathways to encourage the provision of funding
and the development of improved support and protection programmes for people working
on these rights, and to work against their unintentional erasure. Owing to the broad nature
of cultural rights and their specificities, many cultural rights defenders work outside what
4
ohchr.org/EN/Issues/SRHRDefenders/Pages/Defender.aspx.
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