A/HRC/40/53
ideological manipulation or be used to promote intolerant and racist ideas. Historical
research and history teaching should not promote or allow misuse of history, through the
creation of false evidence and denial or omission of historical facts, all of which are of
concern.
26.
The subsequent report on memorialization processes, issued in 2014, focused on the
role of memorials and museums in shaping cultural and symbolic landscapes that influence
how people think of themselves and others (A/HRC/25/49). Memorialization processes
reflect and shape, negatively or positively, social interactions and can make or break efforts
aimed at building inclusive societies. In her report, the Special Rapporteur emphasized the
role of cultural rights in achieving transitional justice and the interaction of those rights
with the right to truth, and raised issues concerning the use of public space to strengthen
democracy and promote critical thinking and discussion regarding the representation of the
past, but equally to face contemporary challenges of exclusion and violence.
27.
In her thematic report of 2014 focusing on the impact of commercial advertising and
marketing practices on the enjoyment of cultural rights, the Special Rapporteur explored
those relationships, looking into the connections between freedom of thought, opinion and
expression, the rights of children with respect to education and leisure, academic and
artistic freedom and the right to participate in cultural life (A/69/286). She considered the
disproportionate presence of commercial advertising and marketing in public spaces and the
way certain advertising techniques aim to circumvent individual rational decision-making.
Those phenomena reduce the capacity to develop and express cultural diversity and to
exercise various ways of life. In her report, the Special Rapporteur raised the issue of the
positive obligations of States to take measures to protect civic space from undue levels of
commercialization in order to preserve human dignity, a topic to which the mandate hopes
to return.
28.
In a more recent report, the Special Rapporteur stressed the significance of actions in
the fields of art and culture for achieving overall societal goals of inclusion and greater
respect for human rights (A/HRC/37/55). The examples cited in the report show how taking
part in cultural and artistic initiatives is not only a way to exercise cultural rights, but also
other human rights, including the rights to freedom of association, to education and to
effective remedy. In the report the Special Rapporteur emphasized the way in which
cultural expression is indivisible from human dignity.
29.
Conversely, in the two thematic reports developing a cultural rights approach to the
rise of diverse forms of fundamentalism and extremism issued in 2017, the Special
Rapporteur highlighted the way in which such ideologies share a common mindset, based
on intolerance of differences and pluralism and a rejection of universality, and how they
attempt to stamp out diversity and dissent, having particular effects on the cultural rights of
women, minorities and lesbian, gay, bisexual, transgender and intersex persons
(A/HRC/34/56 and A/72/155). In her reports, she demonstrated the crucial contribution of
arts, education, science and culture in resisting the threats such ideologies pose to all human
rights by creating alternatives, making space for peaceful contestation and protecting
people, in particular youth, from radicalization. Unfortunately, since 2017, the topic has
become even more globally relevant and the Special Rapporteur hopes that her
recommendations will continue to inform the strategies of States, international
organizations and experts.
B.
Fact-finding missions
30.
Since the creation of the mandate, the Special Rapporteur has conducted 12 factfinding missions and official visits: 4 to the Eastern Europe region, 3 to the Asia-Pacific
region, 2 to the Latin America and Caribbean region, 2 to the Africa region and 1 to the
Western Europe region. Each mission resulted in a report to the Human Rights Council,
including an analysis of the state of enjoyment of cultural rights in the country and specific
recommendations on how to improve it.
31.
In addition, the Special Rapporteur conducted a mission to Mali for the International
Criminal Court to provide expert advice on reparation for victims of cultural heritage
7