A/HRC/31/59
the arts, are important tools for combating fundamentalist ideologies that are detrimental to
human rights and result in discrimination, violence and terrorism.
36.
The Special Rapporteur would also like to emphasize the situation of artists,
scientists and intellectuals at risk, who face a wide range of violations of their human rights
around the world. It is urgent to recognize and address these risks, as the ability of such
persons to fulfil their artistic, scientific and intellectual roles, including in the field of
education, is essential for their own human rights but also for the cultural rights of all.
37.
The Special Rapporteur also intends to continue addressing the right to artistic
expression and creativity more broadly. Too many countries still practise censorship of the
arts (see A/HRC/23/34). Financial crises and austerity measures have led to severe cuts in
public spending, resulting in unemployment among artists and the closure of cultural
institutions. Moreover, the Special Rapporteur expresses deep concern about the ongoing
inequalities faced by women in the arts. 14
38.
In light of the epic 2015 refugee and migrant crisis that is ongoing, the Special
Rapporteur believes it important to underscore that protecting the cultural rights of refugees
and migrants, including women, is a critical aspect of ensuring their well-being, integration
and rehabilitation after trauma. The Special Rapporteur is keen to find ways to address
those questions.
39.
The issue of public space is a central theme of the mandate that needs further
exploration. Some of the main questions are whether access to public space is open to all,
who curates the public space, whose voice is dominant and how public space can be used as
a tool for mutual exchange and interaction. These are central questions for enabling people
to live together in dignity.
40.
As the Special Rapporteur would like to take a forward-looking approach, she hopes
to examine the cultural rights of children and youth, both girls and boys, and education
about the importance of cultural rights and cultural heritage. This is in keeping with the
Convention on the Rights of the Child (art. 31), which recognizes the right to participate
freely in cultural life and the arts. In its general comment No. 17 (2013) on the right of the
child to rest, leisure, play, recreational activities, cultural life and the arts, the Committee on
the Rights of the Child underscored the “poor recognition” of the rights contained in article
31, in particular with regard to girls, poor children, children with disabilities and indigenous
children. This is a lynchpin issue where change can have a significant impact. As the
Committee on the Rights of the Child insists, “participation in cultural and artistic activities
are necessary for building children’s understanding, not only of their own culture, but other
cultures, as it provides opportunities to broaden their horizons and learn from other cultural
and artistic traditions, thus contributing towards mutual understanding and appreciation of
diversity” (para. 12 of general comment No. 17).
41.
In keeping with this area of concern, the Special Rapporteur calls attention in
particular to the need to safeguard education as a critical space for the fulfilment of
children’s cultural rights. She is keen to address the alarming phenomenon of targeted
attacks against schools, including girls schools, and universities; curricular restrictions
resulting from various forms of extremism or censorship; and the negative impacts of
austerity and budget cuts. She is especially keen to explore the importance of arts and
sciences education.
14
10
She endorses the call for the collection of sex disaggregated data on women’s participation in the arts,
in Ammu Joseph, “Women as creators: gender equality” in UNESCO, Reshaping Cultural Policies: A
Decade Promoting the Diversity of Cultural Expressions for Development (2015), p. 173.