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rights enunciated in the present Declaration, human rights and fundamental freedoms
of all shall be respected” (art. 46 (2)).
63. The International Year of Indigenous Languages will be celebrated in 2019. An
excellent way to mark that event in a holistic manner would be to ensure that the
Universal Declaration of Human Rights and material about its history are made
accessible in more indigenous languages.
64. Besides affirming the right to self-identify with a variety of groups, including on
the basis of grounds such as ethnicity, descent, religion, beliefs and convictions,
language, gender, age, value affiliation, nationality and geographical location, cultural
rights also include the right to change these choices of references throughout one’s
life. However, this is not a communitarian vision. The right not to participate in
specific traditions, customs and practices, particularly those that infringe on human
rights and dignity, to dissociate from an interpretation of values or beliefs and step out
of the association with a group must be protected and ensured for all. One also has the
possibility to reject emphasis on group affiliation and focus on shared equal citizenship
and vivre-ensemble (living together in harmony). This is a worldview important to the
self-identification and human rights stance of many. The Special Rapporteur has
previously raised concerns about the misuse of the term “community” and the
presumption of group identity and its consequences (A/HRC/31/59, paras. 11–18).
65. Often, those challenging an interpretation or choosing to dissociate from a
particular practice or tradition do not necessarily wish to dissociate from the whole
cultural framework. On the contrary, and especially when questioning practices that
have a detrimental impact on human rights, their critical stance aims at strengthening
their cultural, social and spiritual resources by bringing them into line with universal
human rights, identifying more suitable ways to continue to express their values and
improving their contribution to the global culture of human rights.
66. When space for constructive debates and contestation is non-existent within a
particular group or a person does not recognize himself/herself anymore in its shared
values and practices, individuals may wish to completely exit that group. As
established by treaty bodies, “no one shall be discriminated against because he or she
chooses to belong, or not to belong, to a given cultural community or group, or to
practise or not to practise a particular cultural activity”, 46 and States “must take
measures to ensure that … the freedom to adopt the religion or belief of one’s
choice — including the freedom to change religion or belief and to express one’s
religion or belief — will be guaranteed and protected in law and in practice … without
discrimination”. 47 In all countries, there should be provisions and mechanisms to
protect those who decide to step outside given cultural and religious frameworks, such
as non-religious persons, from physical attacks, threats and incitement to hatred and
violence from any person or group, including members of their family.
67. Furthermore, exiting a collective because one does not share its interpretation
of culture does not alienate the person of his/her cultural r ight to continue to refer to
those cultural resources and develop alternative interpretations.
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47
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Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009) on the
right of everyone to take part in cultural life, para. 22.
Human Rights Committee general comment No. 28 (2000) on the equality of rights between men
and women, para. 21; see also general comment No. 22 (1993) on the right to freedom of
thought, conscience and religion, para. 5.
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