A/HRC/17/38 59. This approach is reflected in the UNESCO Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It (1976), which defines, access to culture as “concrete opportunities available to everyone, in particular through the creation of appropriate socio-economic conditions, for freely obtaining information, training, knowledge and understanding, and for enjoying cultural values and cultural property.”50 General comment No. 21 also stresses that “access covers in particular the right of everyone – alone, in association with others, or as a community – to know and understand his or her own culture and that of others through education and information, and to receive quality education and training with due regard for cultural identity. Everyone has also the right to learn about forms of expression and dissemination through any technical medium of information or communication, to follow a way of life associated with the use of cultural goods and resources such as land, water, biodiversity, language or specific institutions, and to benefit from the cultural heritage and the creation of other individuals and communities.”51 60. The concept of access has been specifically developed by the Committee on Economic, Social and Cultural Rights.52 Applied to cultural heritage, the following must be ensured: (a) physical access to cultural heritage, which may be complemented by access through information technologies;53 (b) economic access, which means that access should be affordable to all; (c). information access, which refers to the right to seek, receive and impart information on cultural heritage, without borders; and (d) access to decision making and monitoring procedures, including administrative and judicial procedures and remedies. An overlapping principle is non-discrimination, with special attention to disadvantaged groups. 2. Rights-holders, and concerned individuals and communities 61. Individuals and groups, the majority and minorities, citizens and migrants all have the right to access and enjoy cultural heritage. As mentioned above, general comment No. 21 stresses that the right to take part in cultural life may be exercised alone, in association with others, or as a community. Therefore, the right of access to and enjoyment of cultural heritage must be considered both as an individual and a collective human right.54 In the case of indigenous peoples, this also stems from the Declaration on the Rights of Indigenous Peoples. 62. Varying degrees of access and enjoyment may be recognized, taking into consideration the diverse interests of individuals and groups according to their relationship with specific cultural heritages. Distinctions should be made between (a) originators or “source communities”, communities which consider themselves as the custodians/owners of a specific cultural heritage, people who are keeping cultural heritage alive and/or have taken responsibility for it; (b) individuals and communities, including local communities, who consider the cultural heritage in question an integral part of the life of the community, but may not be actively involved in its maintenance; (c) scientists and artists; and (d) the 50 51 52 53 54 16 UNESCO Recommendation on Participation by the People at Large in Cultural Life and Their Contribution to It, para. 1 (a). General comment No. 21 (2009), para. 15 (b). Access forms part of the so-called 4A scheme, composed of four elements: availability, accessibility, acceptability and adaptability. This scheme was elaborated by the late Professor Katarina Tomasevski, Special Rapporteur on the Right to Education, in E/CN.4/1999/49, and is systematically used by the Committee on Economic, Social and Cultural Rights in its general comments. See in particular UNESCO Charter on the Preservation of Digital Heritage (2003). See also the Council of Europe Faro Convention which states that “everyone, alone or collectively, has the right to benefit from cultural heritage...”, art. 4(a).