A/HRC/14/36
Acceptability – the form and substance of education, including curricula and
teaching methods, have to be acceptable (e.g. relevant, culturally appropriate and of
good quality) to students and, in appropriate cases, parents; this is subject to the
educational objectives required by article 13 (1) [of the International Covenant on
Economic, Social and Cultural Rights] and such minimum educational standards as
may be approved by the State (see art. 13 (3) and (4));
Adaptability – education has to be flexible so it can adapt to the needs of changing
societies and communities and respond to the needs of students within their diverse
social and cultural settings.52
59.
One main question is to what extent the content of education, as well as the way in
which it is organized, can be culturally sensitive and contribute to the free and full
development of one’s cultural identity(ies) without jeopardizing human rights, including the
right to education itself. The independent expert proposes to address this in full cooperation
with the Committee on Economic, Social and Cultural Rights, the Committee on the Rights
of the Child, the Special Rapporteur on the right to education, the Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people and the
independent expert on minority issues, building also on the work carried out on this topic
by the Expert Mechanism on the Rights of Indigenous Peoples and the Forum on Minority
Issues.53
2.
Freedom of scientific research and creative activity, and the right to benefit from
scientific progress and to access cultural heritage
60.
As stressed above, the rights of all persons to benefit from scientific progress and
access cultural heritage need further thinking and elaboration. The independent expert
proposes to explore these issues through consultations with all relevant stakeholders and
studies, depending on available resources. She believes that these issues should be
addressed in connection with the question of how to ensure the freedoms necessary for the
pursuit and fulfilment of artistic and scientific endeavour of all people.
3.
A gendered perspective on cultural rights
61.
The independent expert was requested in resolution 10/23 of the Human Rights
Council to integrate a gender perspective into her work (para. 9 (e)). She commits to
implement that specific part of her mandate through three interlinked approaches, in full
collaboration with the Committee on the Elimination of Discrimination against Women.
62.
First, noting that “gender” is a social construction that, along with attendant
gendered norms of behaviours, is changeable over time and contexts, the independent
expert will address specifically the right of women and girls (as well as boys and men) to
participate in cultural life regardless of their gender identity.
63.
Second, noting that some cultural practices may be particularly detrimental to the
rights of women and girls, and noting also in this regard the work of the Special Rapporteur
on violence against women, its causes and consequences on issues of culture,54 she will pay
due attention to the need to implement cultural rights in a way that is fully respectful of the
52
53
54
GE.10-12440
Para. 6 (c) and (d). See also general comment No. 21, paras. 26–27.
See the recommendations of the 2008 Forum on Minorities and the Right to Education
(A/HRC/10/11/Add.1) and the report of the Expert Mechanism on the Rights of Indigenous Peoples
(A/HRC/EMRIP/2009/2).
See in particular A/HRC/4/34 and A/HRC/11/6/Add.5, paras. 101–106.
19