A/HRC/14/36 human dignity, as they protect the development and expression of various world visions — individual and collective — and encompass important freedoms relating to matters of identity. Provided that cultural rights are fully understood as being part of the wider human rights system and therefore grounded in existing norms and principles of international human rights law, they allow for an enriched understanding of the principle of universality of human rights by taking into consideration cultural diversity. In addition, cultural rights are essential tools for development, peace and the eradication of poverty,2 and for building social cohesion, as well as mutual respect and understanding between individuals and groups, in all their diversity. 4. There is no official definition of cultural rights (nor are there official definitions of “civil”, “political”, “economic” or “social” rights). Mandated to perform her functions “in the field of cultural rights, as set out in the relevant United Nations human rights instruments”, the independent expert is required to investigate how best to distinguish which human rights may be considered cultural and to further define the content of these rights. This task, however, can only be undertaken in an exploratory manner. Human rights instruments being living instruments, it is essential to preserve sufficient room for new developments and interpretations to arise, based on the emergence of “new situations, demands, or foci of oppression”.3 5. It is not the intention of the independent expert to attempt to define culture. This is not necessary, and may be inappropriate. Instead, a better understanding of the scope of her mandate can emerge by identifying cultural rights, understood as “rights in the field of culture”, by building upon and advancing available working definitions of culture. Such working definitions may be found, in particular, in the preamble of the Universal Declaration on Cultural Diversity,4 and general comment No. 21 (2009) on the right to take part in cultural life, adopted by the Committee on Economic, Social and Cultural Rights.5 These definitions correspond to what a number of experts have stressed, i.e. that culture can be understood as a product, as a process and as a way of life,6 and imply that culture includes references beyond ethnicity, language and religion. 2 3 4 5 6 4 See United Nations Development Programme (UNDP), Human Development Report 2004 (New York, 2004), pp. 1–12 and the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005), art. 2. See also E/C.12/40/9, p. 2. Patrick Thornberry, “Cultural rights and universality of human rights”, 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.12/40/15), p. 6. “Reaffirming that culture should be regarded as the set of distinctive spiritual, material, intellectual and emotional features of society or a social group, and that it encompasses, in addition to art and literature, lifestyles, ways of living together, value systems, traditions and beliefs.” “The Committee considers that culture, for the purpose of implementing article 15 (1) (a), encompasses, inter alia, ways of life, language, oral and written literature, music and song, non-verbal communication, religion or belief systems, rites and ceremonies, sport and games, methods of production or technology, natural and man-made environments, food, clothing and shelter and the arts, customs and traditions through which individuals, groups of individuals and communities express their humanity and the meaning they give to their existence, and build their world view representing their encounter with the external forces affecting their lives.” See also Fribourg Declaration on Cultural Rights (2007), art. 2 (a), available from www.unifr.ch/iiedh/assets/files/ declarations/eng-declaration.pdf. Rodolpho Stavenhagen, “Cultural rights: a social science perspective”, in A. Eide, C. Krause, A. Rosas (eds.), Economic, Social and Cultural rights: A Textbook (Boston, Martinus Nijhoff Publishers, 2001), pp. 85–109; E/C.12/40/9, pp. 4–5; E/C.12/40/15, pp. 3–4. See also International Commission of Jurists, 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.12/40/7), para. 6. GE.10-12440