A/HRC/14/36 6. The independent expert notes that, as stated by the Committee on Economic, Social and Cultural Rights in its general comment No. 21 (2009), cultural life “is an explicit reference to culture as a living process, historical, dynamic and evolving” (para. 11), and that “the concept of culture must be seen not as a series of isolated manifestations or hermetic compartments, but as an interactive process whereby individuals and communities, while preserving their specificities and purposes, give expression to the culture of humanity” (para. 12). One must bear in mind that “nations, and ethnic groups and cultural communities are ideologically plural even if they share common cultural mores”.7 Further, power differentials must be taken into consideration, as they impact on the ability of individuals and groups to effectively contribute to the identification, development and interpretation of what should be considered as a common “culture” or shared cultural heritage. 7. The Universal Declaration on Cultural Diversity appears to be unique in that it lists rights expressly categorized as cultural. According to article 5 of the Declaration: The flourishing of creative diversity requires the full implementation of cultural rights as defined in article 27 of the Universal Declaration of Human Rights and in articles 13 and 15 of the International Covenant on Economic, Social and Cultural Rights. All persons have therefore the right to express themselves and to create and disseminate their work in the language of their choice, and particularly in their mother tongue; all persons are entitled to quality education and training that fully respect their cultural identity; and all persons have the right to participate in the cultural life of their choice and conduct their own cultural practices, subject to respect for human rights and fundamental freedoms. 8. Some civil society initiatives may also be useful, such as the Fribourg Declaration on Cultural Rights,8 which outlines eight cultural rights that relate to identity and cultural heritage, freedom of identification with one or several communities and the right to change such identification, access to and participation in cultural life, education and training, information and communication, and cultural cooperation. Some experts have also elaborated lists of cultural rights or normative elements of cultural rights, indicating for example that they encompass non-discrimination and equality; freedom from interference with the enjoyment of cultural life (freedom to create and contribute to culture); freedom to choose and change in which culture(s) and cultural life to participate (freedom to manifest one’s own culture); freedom of dissemination; freedom to cooperate internationally; the right to participate in the definition, preparation and implementation of policies on culture; and other elements connected to the right to participate in cultural life and emerging from the interdependence of human rights.9 9. These texts and studies, as well as the discussions held during the February 2010 seminar, demonstrate that cultural rights relate to a broad range of issues, such as expression and creation, including in diverse material and non-material forms of art; information and communication; language; identity and belonging to multiple, diverse and changing communities; development of specific world visions and the pursuit of specific ways of life; education and training; access, contribution and participation in cultural life; the conduct of cultural practices and access to tangible and intangible cultural heritage. Cultural rights protect the rights for each person, individually and in community with 7 8 9 GE.10-12440 Ephraim Nimni, “Collective dimensions of the right to take part in cultural life”, submission to the Committee on Economic, Social and Cultural Rights, day of general discussion on the right to take part in cultural life, (E/C.12/40/17), p. 8. See footnote 5. E/C.12/40/9, p. 5. 5