A/HRC/14/36 Cultural Rights, and articles 28 and 29 of the Convention on the Rights of the Child, constitutes a cultural right. As stressed in the World Declaration on Education for All (1990), people develop their own particular but ever-evolving world visions and capacities through a lifelong process of education; and it is education that allows access to knowledge, values and cultural heritage.20 16. Many references to cultural rights are to be found in provisions and instruments relating to minorities (in particular in article 27 of the International Covenant on Civil and Political Rights and in the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities) and indigenous peoples (in particular the United Nations Declaration on the Rights of Indigenous Peoples and the Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 (No. 169) of the International Labour Organization). These many provisions, which cannot all be listed in the present report, relate to important issues such as identity, language, belief systems, traditions and customs, participation in cultural life, education and cultural heritage. The Declaration on the Rights of Indigenous Peoples also contains important references relating to land rights, with close connections to cultural rights (see art. 26). The independent expert also notes that the International Convention on the Protection of the Rights of Migrant Workers and Members of Their Families contains provisions relating to her mandate, including article 43, paragraph 1 (g), and article 45, paragraph 1 (d), on access to and participation in cultural life, and article 31 relating to the respect for the cultural identity of migrant workers. 17. The non-discrimination principle, enshrined in a large number of international legal instruments, constitutes an important legal basis for the independent expert. According to these texts and interpretation of the relevant oversight bodies, discrimination constitutes any distinction, exclusion, restriction or preference or other differential treatment that is directly or indirectly based on the prohibited grounds of discrimination and which has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights.21 The independent expert will pay particular attention to the implementation of this principle in relation to cultural rights. She further notes that it is generally agreed that the enjoyment of rights and freedoms on an equal footing “does not mean identical treatment in every instance”.22 She proposes to explore further the meaning of such statements in relation to the implementation of cultural rights, especially with regard to the accommodation required to respect and facilitate the expression of various 20 21 22 8 Final Report of the World Conference on Education for All: Meeting Basic Learning Needs, Jomtien,Thailand, 5–9 March 1990, Inter-Agency Commission (UNDP, UNESCO, UNICEF, World Bank) for theWorld Conference on Education for All (New York, 1990), appendix 1, art. 1. In particular, Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009) on non-discrimination in economic, social and cultural rights (art. 2, para. 2), para. 7. Human Rights Committee, general comment No. 18 (1989) on non-discrimination, para. 8. See also the Convention on the Rights of Persons with Disabilities, art. 2, which states that discrimination includes “denial of reasonable accommodation”, and the Declaration of Principles on Equality, art. 2: “Equal treatment, as an aspect of equality, is not equivalent to identical treatment. To realise full and effective equality it is necessary to treat people differently according to their different circumstances, to assert their equal worth and to enhance their capabilities to participate in society as equals.” The Declaration of Principles on Equality was adopted by a group of experts following a conference entitled “Principles on Equality and the Development of Legal Standards on Equality” organized by The Equal Rights Trust and held in London from 3 to 5 April 2008. See also Dimitrina Petrova, “Diverse cultural identities: the challenges of integrating cultural rights in policies and practices”, working paper submitted at the seminar on implementing cultural rights: nature, issues at stake and challenges, p. 6. GE.10-12440