A/73/227
11. This is a key moment to explore these important connections. We must find
effective ways of making clear that: (a) cultural rights are not a justification for
violations of human rights or attacks on universality, nor are they tantamount to
cultural relativism; and (b) respect for cultural rights and cultural diversity, without
discrimination and in accordance with international standards and as interpreted by
human rights bodies, is a core aspect of implementing universality. These are, in fact,
conjoined tasks. Moreover, the defence of cultural rights in accordance with
international standards is, actually, a defence of universality and vice versa.
12. The celebration of the seventieth anniversary of the Universal Declaration of
Human Rights in 2018 and of the tenth anniversary of the creation of the mandate of
the Special Rapporteur in the field of cultural rights in 2019 represent opportunities
to further explore these important connections, take stock of the manner in which the
development of cultural rights has changed the debate on the relationship between
universality and cultural diversity and highlight how we may best defend and promote
a universality that is both principled and inclusive, rock solid and thoughtful, pluralist
and global, and grounded in the struggle against all forms of discrimination, and that
takes into consideration the human rights of all, including those who have historically
been marginalized.
II. Legal standards and frameworks on universality
and diversity
13. Cultural rights are an expression of and a prerequisite for human dignity. They
protect the rights of each person, individually and with others, as well as groups of
people, to develop and express their humanity, their world view and the meanings
they assign to human existence and development through, inter alia, values, beliefs,
convictions, languages, knowledge and the arts, institutions and ways of life. They
also protect access to cultural heritage and resources that allow such identification
and development processes to take place. Thus, they are strong vectors for both
universality and cultural diversity.
14. The mandate of the Special Rapporteur in the field of cultural rights was tasked
from its creation with studying the relationship between cultural rights and cultural
diversity (Human Rights Council resolution 10/23, para. 9 (d)). 4 As the Special
Rapporteur has reiterated, cultural rights are not tantamount to cultural relativism.
They are not an excuse for violations of other human rights. They do not justify
discrimination or violence. They are not a licence to impose identities or practices on
others or to exclude them from either in violation of international law. They are firmly
embedded in the universal human rights framework. As such, limitations on the right
of everyone to take part in cultural life in certain circumstances have been
acknowledged and defined by the Committee on Economic, Social and Cultural
Rights in its general comment No. 21 (2009) on the right of everyone to take part in
cultural life (para. 19), in particular in the case of negative practices, including those
attributed to customs and traditions, that infringe upon other human rights. This is
reminiscent of article 30 of the Universal Declaration of Human Rights, which
stipulates that “nothing in this Declaration may be interpreted as implying for any
State, group or person any right to engage in any activity or to perform any act aimed
at the destruction of any of the rights and freedoms set forth herein ”. 5 Hence, the
implementation of human rights must take into consideration respect for cultural
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4
5
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See also Farida Shaheed, Special Rapporteur in the field of cultural rights, statement by the first
mandate holder to the fourteenth session of the Human Rights Council, Gene va, 31 May 2010.
See also General Assembly resolution 47/135, annex (Declaration on the Rights of Persons
Belonging to National or Ethnic, Religious and Linguistic Minoriti es), art. 8 (2).
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