A/HRC/14/36 I. Introduction 1. In resolution 10/23, the Human Rights Council established, for a period of three years, a new special procedure entitled “independent expert in the field of cultural rights”. The independent expert is requested: (a) to identify best practices in the promotion and protection of cultural rights at the local, national, regional and international levels; (b) to identify possible obstacles to the promotion and protection of cultural rights, and to submit proposals and/or recommendations to the Council on possible actions in that regard; (c) to work in cooperation with States in order to foster the adoption of measures at the local, national, regional and international levels aimed at the promotion and protection of cultural rights through concrete proposals enhancing subregional, regional and international cooperation in that regard; (d) to study the relationship between cultural rights and cultural diversity, in close collaboration with States and other relevant actors, including in particular the United Nations Educational, Scientific and Cultural Organization (UNESCO), with the aim of further promoting cultural rights; (e) to integrate a gender and disabilities perspective into his and her work; and (f) to work in close coordination, while avoiding unnecessary duplication, with intergovernmental and non-governmental organizations, other special procedures of the Council, the Committee on Economic, Social and Cultural Rights and UNESCO, as well as with other relevant actors representing the broadest possible range of interests and experiences, within their respective mandates, including by attending and following up on relevant international conferences and events. 2. On 1 and 2 February 2010, the independent expert held consultations to clarify the content of cultural rights and reflect upon some key issues raised in relation to the realization of cultural rights, taking into consideration a wide and diverse range of perspectives. The seminar, entitled “Implementing Cultural Rights: Nature, Issues at Stake and Challenges”, was organized by the Office of the United Nations High Commissioner for Human Rights (OHCHR), in partnership with the International Organization of La Francophonie and UNESCO, in collaboration with the Observatory of Diversity and Cultural Rights. The seminar involved a wide range of experts as well as States, intergovernmental organizations, national human rights institutions and non-governmental organizations. It provided valuable insights that will help the independent expert in fulfilling her mandate and identifying how best to implement cultural rights. II. Cultural rights: conceptual and legal framework A. Cultural rights in United Nations human rights instruments 1. Challenges: content and scope of cultural rights 3. Cultural rights have often been described as underdeveloped in comparison to other human rights.1 Insufficient attention has led to them sometimes being viewed as rights of lesser priority. However, as emphasized in resolution 10/23 of the Human Rights Council, they are an integral part of human rights, which are universal, indivisible, interrelated and interdependent. In many aspects, cultural rights are pivotal to the recognition and respect of 1 GE.10-12440 Patrice Meyer-Bisch, Les droits culturels, une catégorie sous-développée des droits de l’homme, Actes du VIIIe Colloque interdisciplinaire sur les droits de l’homme à l’Université de Fribourg (Editions Universitaires Fribourg, Suisse, 1993). See also Elsa Stamatopoulou, “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.12/40/9), pp. 7–8. 3

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