A/HRC/14/36 human rights guaranteed by international law, nor to limit their scope. As clearly stated in the 2009 UNESCO World Report: Recognition of cultural diversity grounds the universality of human rights in the realities of our societies by drawing attention to their appropriation by all individuals who can identify these rights with a sense of ownership, regardless of language, tradition and location. In the same vein, the fact that these rights and freedoms are meant to be exercised in a wide variety of cultural environments by no means implies that universal norms can be relativized in terms of their application.35 34. Therefore, not all cultural practices can be considered as protected in international human rights law. For example, in accordance with article 5 of the Convention on the Elimination of All Forms of Discrimination against Women, States “shall take all appropriate measures to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women”. The independent expert further stresses that cultures are constantly evolving, as are the concepts of human rights; and “there is hardly any culture ... that has not, at a given moment, violated human rights”.36 Furthermore, “cultures are dynamic, subjected to many influences and internal debates and internal contestations, they change over time ... it is myopic [and] misinformed to say that cultures are essentially pro or anti-human rights. They are in fact neither of the two and a fertile arena for contestation”.37 35. Cultural rights may be subjected to limitations in certain circumstances. However, as in the case of any limitations in international human rights law, this should be a last resort only and be in accordance with certain conditions. As stated by the Committee on Economic, Social and Cultural Rights in its general comment No. 21 (para. 19): Applying limitations to the right of everyone to take part in cultural life may be necessary in certain circumstances, in particular in the case of negative practices, including those attributed to customs and traditions, that infringe upon other human rights. Such limitations must pursue a legitimate aim, be compatible with the nature of this right and be strictly necessary for the promotion of general welfare in a democratic society, in accordance with article 4 of the Covenant. Any limitations must therefore be proportionate, meaning that the least restrictive measures must be taken when several types of limitations may be imposed. The Committee also emphasized “the need to take into consideration existing international human rights standards on limitations that can or cannot be legitimately imposed on rights that are intrinsically linked to the right to take part in cultural life, such as the rights to privacy, to freedom of thought, conscience and religion, to freedom of opinion and expression, to peaceful assembly and to freedom of association”. 36. The independent expert considers that the above statement is applicable to all cultural rights. However, identifying exactly which cultural practices should be considered as contrary to human rights is not always a simple task. At the national level, such an identification process requires, inter alia, a legal framework indicating principles on the basis of which cultural rights may be limited and an independent judiciary able to adopt an informed decision on the basis of such a legal framework, as well as international human rights law, taking into consideration the practice of international human rights supervisory 35 36 37 GE.10-12440 p. 225. E/C.12/40/17, p. 8. Ibid., p. 9. 13