A/HRC/40/53
B.
Recommendations
92.
Governments, United Nations bodies, civil society and experts should develop
cultural rights action plans, setting specific goals to be achieved during the next 10
years of the mandate and to be reported on in 2029. They should also set targeted
goals for improving implementation of article 27 of the Universal Declaration of
Human Rights by its seventy-fifth anniversary in 2023.
93.
Governments should:
(a)
Ratify the International Covenant on Economic, Social and Cultural
Rights and its Optional Protocol, and all international standards guaranteeing
cultural rights, and put in place effective implementation and monitoring mechanisms
to realize those standards and rights;
(b)
Respect, protect and fulfil cultural rights;
(c)
Ensure respect for the principle of non-discrimination and equality in
the field of cultural rights, including with regard to the rights of marginalized
persons. In particular, States must aggressively combat discrimination in the cultural
sector against, inter alia, women, lesbian, gay, bisexual, transgender and intersex
persons and persons with disabilities;
(d)
Review laws that discriminate against anyone on the basis of cultural or
religious arguments and bring them into line with universal human rights standards;
(e)
Put in place mechanisms, if they have not already done so, to ensure
systematic follow-up to country missions and review progress in implementing
thematic recommendations from the mandate;
(f)
Review all past communications received from the mandate and ensure
they have fully investigated allegations and, where appropriate, taken measures to
halt violations and hold perpetrators accountable;
(g)
Ensure effective remedies for all violations of cultural rights and the
justiciability of those rights, make reparation to victims and ensure alleged
perpetrators are brought to justice in accordance with international standards;
(h)
Respect and ensure the rights of cultural rights defenders, support civil
society working in the cultural sector and ensure that its work is not impeded;
(i)
Release all those deprived of their liberty in violation of international
standards for exercising their internationally guaranteed cultural rights and
guarantee the security of those at risk for exercising those rights, including by
providing asylum where necessary;
(j)
Ensure that respect for cultural rights in accordance with international
standards is taught throughout educational systems and to the general public;
(k)
Refrain from using culture, cultural rights or tradition to justify
violations of international human rights and ensure that no representative of the State
does so in national or international forums;
(l)
Adopt a cultural rights approach informed by commitments to equality,
non-discrimination, full consultation and participation in all areas of cultural policy;
(m)
Make culture fully accessible to all;
(n)
Increase funding for the cultural sector to meet at least the UNESCO
minimum target of 1% per cent of total government expenditures;
(o)
Consider making more funds available to the mandate so it can meet the
goals set by the Human Rights Council.
94.
The Office of the United Nations High Commissioner for Human Rights
should:
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