A/HRC/17/38
as the manifestations of their sciences, technologies and cultures, including human
and genetic resources, seeds, medicines, knowledge of the properties of fauna and
flora, oral traditions, literatures, designs, sports and traditional games and visual
and performing arts. They also have the right to maintain, control, protect and
develop their intellectual property over such cultural heritage, traditional
knowledge, and traditional cultural expressions.
Article 34 adds that “indigenous peoples have the right to promote, develop and maintain
their institutional structures and their distinctive customs, spirituality, traditions, procedures,
practices and, in the cases where they exist, juridical systems or customs, in accordance
with international human rights standards.”
4.
Other human rights
44.
Many other human rights norms are important for the implementation of the right of
access to and enjoyment of cultural heritage. These must be interpreted in relation to the
non-discrimination principle, in particular on the basis of cultural identity.
45.
The right of peoples to self-determination protects the right of peoples to freely
pursue their cultural development, and dispose of their natural wealth and resources, which
has a clear link with cultural heritage.
46.
The right to education is crucial in fostering respect for the diversity of cultural
heritages and expressions, and in ensuring access to one’s own cultural heritage and that of
others. In particular, article 29 (c) of the Convention on the Rights of the Child states that
education shall be directed to “the development of respect for the child's parents, his or her
own cultural identity, language and values, for the national values of the country in which
the child is living, the country from which he or she may originate, and for civilizations
different from his or her own.” Linguistic rights within educational systems are especially
relevant. Languages should not be downgraded as mere mediums of transmission; they
carry and convey histories and world views, constituting heritage in themselves. Besides,
the inclusion in educational programmes of peace-making values, attitudes, modes of
behaviour and ways of life could make an important contribution to strengthening the
ability of youth to resolve conflicts and disputes peacefully, as called for in the Declaration
and Programme of Action on a Culture of Peace.49
47.
The right to freedom of expression is essential for the development and maintenance
of cultural heritage, and dialogue when conflicts of interpretation about the meaning and
significance of cultural heritage arise. Similarly, the right to information plays an important
role; people need to be adequately informed about the existence, significance and
background of diverse cultural heritages, about the possibilities of accessing or
participating in these, and, where relevant, about debates surrounding the interpretation to
be given to cultural heritage.
48.
Since much of cultural heritage has religious connotations, the right to freedom of
thought and religion is of great relevance for the right of access to and enjoyment cultural
heritage, as it protects, in particular, access to religious sites and memorials, as well as the
pursuit of religious practices.
49
General Assembly resolution 53/243.
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