A/HRC/17/38 priority. The independent expert recalls that cultural rights should be treated as other human rights and that, under the International Covenant on Economic, Social and Cultural Rights, States must devote the maximum of their available resources to achieve progressively the full realization of rights. In this regard, the obligation to seek and provide international assistance and cooperation is firmly laid down in article 2 of the Covenant. C. Possible limitations 73. The independent expert already addressed the issue of limitations to cultural rights in her first report. Cultural rights may be limited in certain circumstances, following the principles enshrined in international human rights law.63 This also applies to the right of access to and enjoyment of cultural heritage. 74. Some practices, which are part of cultural heritage, may infringe upon human rights. International instruments clearly state that practices contrary to human rights cannot be justified with a plea for the preservation/safeguard of cultural heritage, cultural diversity or cultural rights. Under the Convention for the Safeguarding of the Intangible Cultural Heritage, in particular, “…consideration will be given solely to such intangible cultural heritage as is compatible with existing international human rights instruments, as well as with the requirements of mutual respect among communities, groups and individuals, and of sustainable development.”64 75. As stressed by many actors, limitations to access can also be imposed to ensure the preservation/safeguard of cultural heritage against damage, disappearance or destruction. For example, States may legitimately regulate public use and access to a specific site, monument or cultural manifestation for safety or conservation purposes, or to protect the right of a community to access and enjoy its own cultural heritage. 76. In this respect, the independent expert again stresses that under the human rights framework, unequal situations must be dealt with differently. As stated in paragraph 59 above, varying degrees of access and enjoyment may be recognized, taking into consideration the diverse interests of individuals and communities according to their relationship with specific cultural heritages. Consequently, the general public may not enjoy the same rights as local communities. Access to a monument or archives by tourists and researchers should not be to the detriment of either the object in question or its source community. Specific indigenous or religious sites may be fully accessible to the concerned peoples and communities, but not to the general public. As stated in the Convention for the Safeguarding of the Intangible Cultural Heritage, access to cultural heritage should be ensured “while respecting customary practices governing access to specific aspects of such heritage”.65 VI. Conclusions and recommendations 77. As reflected in international law and practice, the need to preserve/safeguard cultural heritage is a human rights issue. Cultural heritage is important not only in itself, but also in relation to its human dimension, in particular its significance for individuals and communities and their identity and development processes. 63 64 65 A/HRC/14/36, paras. 32-37. Convention for the Safeguarding of the Intangible Cultural Heritage, art. 2.1. Ibid., art. 13 (d) (ii) 19