A/HRC/14/36
bodies. The law alone does not suffice, however. Policy measures allowing for an informed,
open and participatory debate to take place within a given society and/or community and
encouraging a modification of cultural patterns or practices which are detrimental to the
enjoyment of human rights are also necessary. What is particularly needed at the
community level is the reinforcement of positive elements of culture while raising
awareness of the oppressive nature of certain practices pursued in the name of culture
through a process of “cultural negotiation” involving families, intellectuals and community
leaders.38 Such a process can create the space for new interpretations to arise and for
developing good cultural practices, in particular those that are able to foster the
implementation of universal human rights in various cultural contexts.
37.
Throughout her mandate, the independent expert will pay particular attention to all
these points, in particular when integrating a gender perspective into her work. It is also her
intention to consult further on this issue with all relevant actors, including UNESCO, in
accordance with resolution 10/23 of the Human Rights Council.
III. Complementarity and coordination with other mechanisms
38.
In its resolution 10/23, the Human Rights Council requests the independent expert to
work in close coordination with other relevant mechanisms and actors, while avoiding
unnecessary duplication.
39.
The independent expert is aware that many other United Nations mechanisms have
received mandates which from one aspect or another relate to cultural rights. This is
especially true of special procedures and treaty bodies, whose mandates relate to the rights
of particular groups such as minorities, indigenous peoples and migrants. Thus the
independent expert will pay particular attention to consulting and collaborating with these
mechanisms, in order to avoid duplication and to reinforce the promotion and protection of
human rights. There will also be an opportunity to identify gaps in the protection of cultural
rights, if any. The independent expert stresses however that many other special procedures
dealing with rights do find common areas of work with mechanisms dealing with groups.
40.
The independent expert also notes that there will be many interlinkages between her
mandate and mechanisms dealing with issues such as expression, religion, racism,
education, extreme poverty and violence against women, amongst others. Her intention is to
focus on the cultural dimensions of these issues and on issues that have not been addressed
or that have been insufficiently addressed in the past. She believes, in particular, that there
will be many opportunities for cooperation with the Special Rapporteur on the right to
education.
41.
The independent expert is keen to develop collaborative relationships with interested
intergovernmental organizations, including UNESCO, non-governmental organizations,
national human rights institutions, as well as academic and research institutes, some of
which participated in the seminar held in 2010. One possible area of cooperation relates to
the development of methods for examining and indicators for assessing the implementation
of cultural rights. The independent expert also believes that a number of studies, for
example on the conceptual and legal framework of cultural rights, could usefully be
undertaken in partnership with some of these organizations and institutions.
38
14
Report of the Special Rapporteur on violence against women, its causes and consequences, Yakin
Ertürk (E/CN.4/2004/66), para. 55 (b).
GE.10-12440