A/73/227 on an equal footing “does not mean identical treatment in every instance”. 13 Caution must be exercised however, as going beyond the permissible scope of differential treatment may in itself constitute a breach of the non-discrimination principle. 14 24. In its general comment No. 21 on the right to take part in cult ural life, the Committee on Economic, Social and Cultural Rights highlighted the importance of cultural diversity for human rights and human dignity. It also confirmed the view that “no one may invoke cultural diversity to infringe upon human rights guaran teed by international law, nor to limit their scope” (para. 18). B. Other international and regional standards 25. The relationship between universal human rights and cultural diversity is also explored in other instruments. UNESCO has adopted the Universal Declaration on Cultural Diversity (2001) and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005). in the Declaration, it is established that universal human rights are “guarantees of cultural diversity” and that “the defence of cultural diversity is an ethical imperative, inseparable from respect for human dignity”, which “implies a commitment to human rights and fundamental freedoms, in particular the rights of persons belonging to minorities and those of i ndigenous peoples” (art. 4). It is also stated that cultural rights are “an enabling environment for cultural diversity” (art. 5). The Convention builds on the Declaration by affirming that “cultural diversity can be protected and promoted only if human ri ghts and fundamental freedoms … are guaranteed. No one may invoke the provisions of this Convention in order to infringe human rights and fundamental freedoms as enshrined in the Universal Declaration of Human Rights or guaranteed by international law, or to limit the scope thereof” (art. 2). 26. The 2030 Agenda for Sustainable Development (General Assembly resolution 70/1) is also steeped in universality and respect for diversity. It envisages “a world of universal respect for human rights and human dignity, the rule of law, justice, equality and non-discrimination; of respect for race, ethnicity and cultural diversity; and of equal opportunity permitting the full realization of human potential and contributing to shared prosperity … A world in which every woman and girl enjoys full gender equality and all legal, social and economic barriers to their empowerment have been removed” (para. 8). It refers to the concept of “universal” no fewer than 29 times, and it is explicitly grounded in the Universal Declaration of Human Rights and subsequent human rights standards (para. 10). The Sustainable Development Goals set out in the 2030 Agenda cannot be achieved without the vigorous defence of universality, nor can meaningful universality be realized without effectively meeting the agreed targets. Paragraph 36 of the 2030 Agenda acknowledged that cultural diversity, as well as cultures, can contribute to, and are crucial enablers of, sustainable development. C. National court cases 27. The law is a source of important norms guaranteeing universal human rights, but also a terrain of struggle over these rights. International and national law and courts can and should be used to advance universal human rights norms over claims of relativism and particularism. The Special Rapporteur lauds, for example, an important recent judgment in the United Kingdom of Great Britain and Northern __________________ 13 14 18-12312 Human Rights Committee, general comment No. 18 (1989) on non -discrimination, para. 8. Committee on Economic, Social and Cultural Rights, general comment No. 20 (2 009) on non-discrimination in economic, social and cultural rights, para. 13. 9/26

Select target paragraph3