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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
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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.
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