A/HRC/17/38 54. Considerable information was received on initiatives taken in the field of information technologies to foster access to cultural heritage. For instance, in Austria, special attention is paid to the production of educational materials incorporating new electronic media in minority languages. Germany noted that its digitization project must be accompanied by intensified efforts in the field of cultural education and media literacy. While new technologies allow for exciting advances in the field of cultural heritage, it is important to use these tools in ways that allow for the greatest possible access while preserving/safeguarding the heritage. 55. States also reported on awareness-raising and educational programmes (in particular, multicultural education), and support to cultural events and activities. The United Kingdom of Great Britain and Northern Ireland, for example, has a free admission policy for its national-funded museums and galleries. A number of national legislations and programmes, for example in the Dominican Republic, Greece, Italy, and Mexico, specifically address the issue of access to cultural heritage in particular by disabled persons, the elderly, minorities, migrants, refugees and/or children and students. 56. Responses to the questionnaire have addressed the issue of possible limitations to the right of access to and enjoyment of cultural heritage, in particular for conservation purposes. Information was received on access being reserved for specific communities based on their traditions in Nepal, on limits being imposed on access to sites significant to indigenous peoples in Canada, and to the cultural heritage of isolated indigenous peoples in Ecuador. A number of States stressed that access may be restricted to privately owned cultural heritage. In this respect, many European countries reported on their participation in European heritage days when people are allowed to freely visit sites usually closed to the public. 57. The independent expert welcomes information received on available remedies. For example, in Burkina Faso, citizens may commence proceedings or petition against acts endangering public heritage. Complaints in case of denial of access to cultural heritage may be lodged before the Ministry of Culture in Spain, and the courts in Mauritius. In Switzerland, associations working in the field of cultural heritage may challenge construction permits affecting cultural heritage before the courts. In Canada, indigenous peoples may also seek redress. The Ombudsman of Portugal reported on concrete cases brought to its attention, in particular regarding the lack of participation of concerned communities in the determination of protected cultural landscapes. V. Right of access to and enjoyment of cultural heritage A. Normative content 1. Access and enjoyment 58. Access to and enjoyment of cultural heritage are interdependent concepts – one implying the other. They convey an ability to, inter alia, know, understand, enter, visit, make use of, maintain, exchange and develop cultural heritage, as well as to benefit from the cultural heritage and creations of others, without political, religious, economic or physical encumbrances. Individuals and communities cannot be seen as mere beneficiaries or users of cultural heritage. Access and enjoyment also imply contributing to the identification, interpretation and development of cultural heritage, as well as to the design and implementation of preservation/safeguard policies and programmes. Effective participation in decision-making processes relating to cultural heritage is a key element of these concepts. 15

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