A/HRC/14/36
2.
Media pluralism, information technologies and cultural rights
53.
Although globalization processes afford unprecedented conditions for interaction
between persons and groups,50 and although information technologies may be emancipatory
in many ways,51 enormous imbalances have emerged in terms of access to, and control of,
the means of information and communication, such that some specific world visions appear
to be in a dominant position. Some increasingly feel that the room available to enable true
intercultural exchanges and discussion is progressively shrinking. Collating the trends that
are inimical to the development of information technologies as open spaces respectful of
cultural rights and cultural diversity could be a first step to open the debate on these issues.
B.
Participation, access and contribution to cultural life, without any
discrimination
54.
One particular aspect the independent expert proposes to address is nondiscrimination in the implementation of the right to take part in cultural life. She is
interested in particular in the issue of the inclusion and exclusion of individuals and groups
willing (a) to be involved in creating the spiritual, material, intellectual and emotional
expressions of the community they belong to and (b) to take part in the development of that
community and in the definition, elaboration and implementation of policies and decisions
that have an impact on the exercise of their cultural rights.
55.
This matter entails a discussion of the following issues: whose identity is at stake,
that of individuals or that of communities? Whose definition of shared values and cultural
heritage shall we rely on? Is such a definition elaborated in a participatory way, without any
discrimination based on race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status? What measures, if any, should be
adopted and implemented to accommodate cultural diversity and to ensure the enjoyment of
cultural rights on the basis of equality, and with which safeguards? In addressing this
theme, the independent expert will pay particular attention to identifying best practices and
obstacles in terms of structures, policies and measures that promote pluralism in State
institutions and public life.
56.
1.
The independent expert proposes to focus in particular on the following.
Cultural rights within the education system
57.
The independent expert proposes to explore further what measures should be
adopted to ensure the full respect of cultural rights within the education system. A set of
particular issues, much debated in numerous countries today, arises in this respect. Such
issues relate to, inter alia, intercultural and multicultural education, as well as linguistic
rights.
58.
The independent expert proposes to analyse further the content of the right of all
persons to “quality education and training that fully respect their cultural identity”, as
enshrined in the Universal Declaration on Cultural Diversity (art. 5), taking into
consideration general comment No. 13 (1999) of the Committee on Economic Social and
Cultural Rights on the right to education. In that general comment, the Committee stressed
that education in all its forms and at all levels shall exhibit several interrelated and essential
features, including, among others, the following:
50
51
18
Convention on the Protection and Promotion of the Diversity of Cultural Expressions, preamble.
Anita Gurumurthy, “Cultural rights and globalization of exchanges and of information”, working
paper submitted to the seminar on implementing cultural rights: nature, issues at stake and challenges.
GE.10-12440