A/HRC/40/53
creative activity” (article 15 (3)) and “recognize the benefits to be derived from…
international contacts and co-operation in the scientific and cultural fields” (article 15 (4)).
21.
The mandate has also clarified the relationship between cultural rights and other
human rights, thereby strengthening the indivisibility and interdependence of the whole
human rights system and demonstrating the position of cultural rights at the intersection of
civil and political rights and economic and social rights. Cultural rights are transformative
and empowering, providing important opportunities for the realization of other human
rights. A lack of equal cultural rights, combined with economic and social inequalities,
make it difficult for people to exercise their civil and political rights and to enjoy their right
to development.
22.
In her 2012 thematic report dedicated to the cultural rights of women (A/67/287) the
Special Rapporteur emphasized the empowering aspect of cultural rights. Ensuring that
women can exercise their cultural rights in full equality, including the right to determine
which traditions and cultural practices need to be preserved, modified or discarded,
contributes to women’s enjoyment of all other human rights. That approach highlights the
cultural dimensions of the principle of equality and non-discrimination. It also opens the
door to a paradigm shift from viewing culture as primarily negative for women (although it
has sometimes been misused in this manner) to emphasizing the need for women’s equal
cultural rights. It can also be helpful in other areas, such as the cultural rights of elderly or
disabled persons.
23.
In her 2013 report on the right to freedom of artistic expression, the Special
Rapporteur developed the understanding of the cultural and artistic components of freedom
of expression (A/HRC/23/34). She stressed the need to consider article 15 of the
International Covenant on Economic, Social and Cultural Rights when interpreting article
19 of the International Covenant on Civil and Political Rights, and vice versa, calling for a
holistic approach, a suggestion that still needs implementation in the field. In the report, she
addressed the laws and regulations restricting artistic freedom and the economic issues
which have a significant impact on such freedom. She also stressed that States have positive
obligations towards freedom of thought, opinion and expression, and called on them to take
affirmative measures in support of the right of people to enjoy the arts and artistic freedom.
24.
In her 2012 report concerning the right to benefit from scientific progress and its
applications, the Special Rapporteur demonstrated the strong connections between that right
and the effective realization of many other rights, including the rights to life, health, food,
housing, water and sanitation, privacy, self-determination and freedom of thought, as well
as specific issues related to the rights of women, migrants, internally displaced persons and
indigenous peoples in each of those areas (A/HRC/20/26). The language in the report
helped a number of stakeholders who responded to the questionnaire better integrate a
human rights approach into their work and challenge laws and practices that impede
persons from marginalized groups from accessing critical information and the benefits of
scientific applications.8
25.
In a report in 2013 on the writing and teaching of history, with a particular focus on
history textbooks, the mandate significantly increased international awareness of the
importance of historical narratives as forms of cultural heritage and critical resources for
collective identity (A/68/296). In her report, the Special Rapporteur highlighted the way in
which people continuously strive to retrieve, validate, make known and have acknowledged
by others their own history, and at the same time contest certain interpretations. That
process can have important impacts on the sustainability of peace and the report sheds light
on the relationship between the histories that are recounted – or not – and the rights to
freedom of thought and opinion and to education, as defined in article 13 of the
International Covenant on Economic, Social and Cultural Rights and article 28 of the
Convention on the Rights of the Child. Provided that historical narratives rigorously follow
the highest deontological standards, they should be included in the debate. Citing regional
standards, the Special Rapporteur noted that history teaching should not be an instrument of
8
6
Treatment Action Group submission, paras. 5 and 19–26.