A/73/227
I. Introduction: universality, cultural diversity and cultural
rights in 2018 and beyond
1.
The universality of human rights is one of the most important principles codified
in international law during the twentieth century. It is the central idea of the Universal
Declaration of Human Rights and a foundational aspect of the entire human rights
system. Universality greatly enhances the lives of all human beings everywhere and
advances equality, dignity and rights, including cultural rights, and will continue to
do so in this twenty-first century and beyond if fully implemented, nourished and
revitalized.
2.
Universality means that human beings are endowed with equal human rights
simply by virtue of being human, wherever they live and whoever they are, regardless
of their status or any particular characteristics. Universality must be understood as
closely related to other core human rights principles of interdependence,
indivisibility, equality and dignity. In practice, it is a critical tool for the Un ited
Nations human rights system, diverse regional human rights mechanisms and human
rights defenders around the world.
3.
However, universality is currently under sustained attack from many directions,
including from some Governments, from some on the political right and left, from
some non-State actors, including extremists, fundamentalists and populists around the
world, and even from some quarters in academia, including those who misuse culture
and cultural rights justifications. This poses many challenges for the enjoyment of all
human rights, including cultural rights. Cultural rights are a critical component of the
universal human rights system, and that system provides their greatest guarantee.
Cultural rights are a vital component of universality, and universality is essential to
defend the foundations of cultural rights: the flourishing of cultural diversity, cultural
mixing and openness, and the right of everyone to take part in a dynamic cultural life
without discrimination.
4.
The United Nations High Commissioner for Human Rights, Zeid Ra’ad
Al Hussein, asked in his farewell address to the Human Rights Council at its thirty eighth session: “why is the Universal Declaration, and the whole body of human
rights law that followed it, the object of so much attack now …?” He attributed this
to an instrumentalization of history, to political self-interest and narrow-minded
nationalism, and appealed to the members of the Human Rights Council, and indeed
to all of us, “to speak louder and work harder for the common purpose and for
universal human rights law …” noting rightly that “the human rights ideal has been
the most constructive movement of ideas in our era”. 1
5.
We must heed High Commissioner Zeid’s appeal. In view of the attacks, we
need more than platitudes. We need a foundational renewal of universality, and one
which looks back to key standards, histories and achievements, but also forward to
sustaining and reinvigorating itself in the future with a broad youth constituency.
Human rights advocates and experts must redouble their efforts both to defend the
universality of human rights, including cultural rights, and cultural diversity, in
accordance with international standards. They must enhance their strategies in both
regards.
6.
The United Nations Educational, Scientific and Cultural Organization (UNESCO)
Universal Declaration on Cultural Diversity stresses that “culture takes diverse forms
across time and space. This diversity is embodied in the uniqueness and plurality of
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Zeid Ra’ad Al Hussein, United Nations High Commissioner for Human Rights, opening
statement and global update on human rights concerns to the thirty-eighth session of the Human
Rights Council, Geneva, 18 June 2018.
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