A/HRC/17/38 I. Introduction 1. The present report investigates the extent to which the right of access to and enjoyment of cultural heritage, in all manifestations, form part of international human rights law today. It takes into consideration international instruments and the practice of relevant monitoring bodies. 2. Considering access to and enjoyment of cultural heritage as a human right is a necessary and complementary approach to the preservation/safeguard of cultural heritage. Beyond preserving/safeguarding an object or a manifestation in itself, it obliges one to take into account the rights of individuals and communities in relation to such object or manifestation and, in particular, to connect cultural heritage with its source of production. Cultural heritage is linked to human dignity and identity. Accessing and enjoying cultural heritage is an important feature of being a member of a community, a citizen and, more widely, a member of society. The importance of having access to one’s own cultural heritage, including linguistic heritage, and to that of others has been emphasized by the Committee on Economic, Social and Cultural Rights in general comment No. 21 on the right of everyone to take part in cultural life. As further stressed by the Committee, “the obligations to respect and to protect freedoms, cultural heritage and cultural diversity are interconnected”. 1 3. In order to collect the views of United Nations Member States, national human rights institutions, non-governmental organizations and other stakeholders, the independent expert disseminated a questionnaire on access to cultural heritage. Responses were received from 30 States and 22 other stakeholders (see Annex I). On 8 and 9 February 2011, the independent expert held an experts’ meeting on the right to access and enjoy cultural heritage (see Annex II). She also convened a public consultation in Geneva on 10 February 2011, in which some 35 States as well as other stakeholders participated. The in-depth discussions and various perspectives have provided valuable assistance to the independent expert in preparing the present report, and she is very grateful to all those who contributed. II. Concept of cultural heritage from a human rights perspective 4. Various definitions of cultural heritage exist at the national level as well as in international instruments.2 Although no uniform definition can be found, these instruments, together with a number of references relating to traditional knowledge and traditional cultural expressions,,3 provide useful guidance for defining what is usually understood as 1 2 3 General comment No. 21 (2009), Right of everyone to take part in cultural life (art. 15, para. 1 (a), of the International Covenant on Economic, Social and Cultural Rights), E/C.12/GC/21, in particular paras. 49(d) and 50. See in particular UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage (1972), art. 1; Convention for the Safeguarding of the Intangible Cultural Heritage (2003), art. 2; Council of Europe Framework Convention on the Value of Cultural Heritage for Society (Faro Convention) (2005), art. 2 (a); ASEAN Declaration On Cultural Heritage (2000), art. 1. For example, World Intellectual Property Organization (WIPO) uses the terms “traditional cultural expressions” and “expressions of folklore” to refer to tangible and intangible forms in which traditional knowledge and cultural heritage are expressed, communicated, manifested and passed on within indigenous and traditional communities. These terms have replaced the term ‘folklore’, which had negative connotations.” See WIPO “Intellectual Property and the Safeguarding of Traditional Cultures: Legal Issues and Practical Options for Museums, Libraries and Archives”, 2010, p. 106; see also Secretariat of Pacific Communities, Model Law for the Protection of Traditional Knowledge 3