A/HRC/17/38 conditions under which this right can be enjoyed. Under article 15.1 of the International Covenant on Economic, Social and Cultural Rights, States have the general obligation to take positive measures for the conservation, development and diffusion of culture, which entails protection, preservation/safeguard, dissemination of information on and promotion of cultural heritage. 68. Several obligations, as described in general comment No. 21, are relevant to the right to access and enjoy cultural heritage.58 For example, States have the core obligation to “eliminate any barriers or obstacles that inhibit or restrict a person’s access to the person’s own culture or to other cultures, without discrimination and without consideration for frontiers of any kind”.59 States must develop programmes and policies aimed at “guaranteed access for all, without discrimination on grounds of financial or any other status, to museums, libraries, cinemas and theatres and to cultural activities, services and events”. Although entrance fees may be necessary, measures can ensure that they do not constitute an insurmountable obstacle for people with scarce financial resources. Programmes “aimed at preserving and restoring cultural heritage,”60 should also be developed. States should further set up an institutional framework and support cultural institutions by adopting policies “for the protection and promotion of cultural diversity, and facilitating access to a rich and diversified range of cultural expressions, including through, inter alia, measures aimed at establishing and supporting public institutions and the cultural infrastructure necessary for the implementation of such policies...”.61 69. States also have international obligations, mainly to foster assistance and cooperation to protect and promote access to and enjoyment of cultural heritage.62 This implies facilitating and promoting cultural exchanges, but also providing intellectual or financial support to States that have difficulties in preserving/safeguarding cultural heritage. While drafting international agreements, in particular on trade and development, States should take into account the right to access and enjoy cultural heritage and ensure it is respected. 70. A strong human rights-based approach to the preservation/safeguard of cultural heritage, both tangible and intangible, requires the establishment of procedures ensuring the full participation of concerned individuals and communities. This includes public reflection and debate on the opportunities and challenges cultural heritage may present. 71. The independent expert further wishes to stress that public, fair, and just procedures should be established to arbitrate competing demands for resources by communities who wish to develop and implement cultural heritage preservation/safeguard programmes. The principle of non-discrimination should be robustly reaffirmed in this regard. More generally, effective remedies, including judicial remedies, should be made available to individuals and communities who feel that their cultural heritage is not fully respected and/or protected, or that their right of access to and enjoyment of cultural heritage has been infringed upon. 72. It has often been alleged that scarce economic resources impede States from adopting measures aimed at identifying and preserving/safeguarding cultural heritages. However, not all obligations, in particular those to recognize the diversity of cultural heritages and to ensure the participation of concerned individuals and communities, are costly. Lack of action by States also results from cultural rights not being considered as a 58 59 60 61 62 18 Ibid., para. 52. Ibid., para. 55 (d) Ibid., para. 54 (b). Ibid., para. 52 (a). Ibid., paras. 56-59.