A/HRC/43/50
I. Introduction
1.
Cultural rights defenders – human rights defenders who defend cultural rights in
accordance with international standards – are an important constituency among human
rights defenders. Their work in every region of the world is essential for the implementation
of an integral part of the universal human rights framework: cultural rights. As SecretaryGeneral António Guterres said to the Human Rights Council in 2019: “More people are
speaking out about the indispensability of cultural rights for protecting the diversity of
beliefs and practices on our planet, recognizing these rights as an essential tool for
preserving diversity and our common heritage.”1
2.
The rights that cultural rights defenders defend are a core part of international
human rights law. They are vital to the human experience and critical to implementing
other human rights and to sustainable development. They include the right of all to take part
in cultural life, without discrimination (one component of which is the right to access and
enjoy cultural heritage), and the rights to freedom of artistic expression and scientific
freedom. Despite the importance of these rights, and their normative grounding, they are
not always given the attention they deserve, and not always recognized as human rights
with the same standing as other rights. Cultural rights defenders are therefore often not fully
recognized for their work, do not receive adequate support and are not granted appropriate
protection. This must change, and both cultural rights and those who defend them must be
acknowledged as critical to the human rights framework and its full implementation.
3.
The aim of the present report is to raise awareness about the work of cultural rights
defenders, with a view to enhancing the attention and assistance they receive. The report
includes a definition of cultural rights defenders; an overview of the diverse human rights
work they engage in; discussion of the challenges and risks they face and of the
international legal framework protecting and enabling their work; and specific
recommendations for better recognizing, defending and supporting them. 2 In keeping with
Council resolutions related to the cultural rights mandate, the report emphasizes disability
and gender perspectives.3
4.
In preparation for the present report, the Special Rapporteur held expert meetings in
Frankfurt, Germany, and in New York. Experts from various regions and areas of
specialization participated. The Special Rapporteur thanks them for their input and
appreciates the contributions of the Artists at Risk Connection in organizing the New York
meeting.
II. Cultural rights defenders: an overview
5.
In the Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms (Declaration on Human Rights Defenders), human rights defenders
are described as individuals, groups and associations that contribute to the effective
elimination of all violations of human rights and fundamental freedoms of peoples and
individuals. Cultural rights defenders are one large and internally diverse constituency of
human rights defenders. They pursue the elimination of violations of cultural rights and
promote respect for and protection and fulfilment of these rights, and may specialize in
working to these ends. According to article 1 of the Declaration, everyone has the right,
individually and in association with others, to promote and to strive for the protection and
realization of human rights and fundamental freedoms at the national and international
1
2
3
2
un.org/sg/en/content/sg/statement/2019-02-25/secretary-generals-remarks-the-human-rights-councildelivered-bilingual-scroll-down-for-all-english-version.
As in previous reports, country situations mentioned herein include cases that have been the subject of
previous consideration by United Nations mechanisms and officials, reports from States, multilateral
institutions and civil society organizations.
See, e.g., Council resolution 19/6.