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.
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