A/HRC/40/53
upward trajectory since 2009 and since 2013, most have dealt with article 15 in particular,
but also covering a wider array of cultural rights questions. This positive development
needs to be supported, both by the experts on the Committee, through dedicating more
attention to those rights in the preparation of their dialogues with States, and by OHCHR,
through dissemination of information on cultural rights that develops the capacities of
stakeholders to engage with the Committee and report on those rights.
82.
The Special Rapporteur is pleased that the thematic work of her mandate has been
extensively referred to during the day of general discussion organized by the Committee on
Economic, Social and Cultural Rights on its forthcoming general comment on the right to
benefit from scientific progress and its applications. 36 She emphasizes the need for more
coordination between her mandate and the Committee and other relevant bodies, and
welcomes opportunities to pursue this dialogue in the future.
83.
Finally, submissions received in the preparation of the present report also indicate
that some civil society stakeholders have contributed information regarding cultural rights
to the universal periodic review.37 Those efforts must continue and accelerate in order for
cultural rights to gain the full attention they deserve.
C.
Developments at national and regional level around the world
84.
There are a variety of ways to improve the implementation of cultural rights and
translate them into concrete measures at national and regional levels. The Special
Rapporteur was glad to learn of many initiatives implemented by local and national
authorities and civil society actors, including those further to her recommendations. The
submissions received illustrate at least five types of measures taken: (a) awareness-raising
campaigns and training on cultural rights; (b) the adopting of laws or reviews of existing
legal frameworks; (c) measures taken at the policy level by public authorities or civil
society organizations to increase the ability of all to exercise their cultural rights, including
by reviewing administrative and financial frameworks from a cultural rights perspective;
(d) creating alternative services to increase access to diversity; and (e) developing
partnerships and cooperation (see annex).
V. Next 10 years of the mandate
85.
In her remaining years in the mandate and subject to capacity and funding, the
Special Rapporteur hopes to address a number of critical issues that represent gaps, issues
which require further attention, or new and emerging questions. They include public space
as a forum for the enjoyment of cultural rights, the work of cultural rights defenders – a
critical and often overlooked constituency among human rights defenders – the cultural
rights of persons with mixed identities, current controversies regarding cultural
appropriation and misuse of that concept, and the cultural rights of indigenous peoples.
Discrimination in the field of cultural rights will continue to be a cross-cutting priority. A
number of other issues, such as the impact of social media and the Internet on cultural
rights, the cultural rights of youth and of rural people38 also need to be further addressed by
the mandate.
86.
The Human Rights Council emphasized that the mandate on cultural rights should
“integrate a gender and disabilities perspective” (resolution 10/23, para. 9 (e)). The mandate
has been very successful in addressing gender, with two dedicated reports, as well as the
mainstreaming of gender and the cultural rights of lesbian, gay, bisexual, transgender and
36
37
38
16
See www.ohchr.org/EN/HRBodies/CESCR/Pages/Discussion2018.aspx.
See submissions by RASHID International e.V., p. 1; Treatment Action Group, para. 9; and Ole
Reitov, paras. 6–7.
The Special Rapporteur welcomes the newly adopted Declaration on the Rights of Peasants and Other
People Working in Rural Areas.