A/76/178
whereby individuals and communities 18 , while preserving their specificities and
purposes, give expression to the culture of humanity.” In addressing the relationship
between cultural rights and cultural diversity, the first Special Rapporteur on cultural
rights noted that, “culture being a living and dynamic process, it is not suggested that
barriers between individuals and groups should be raised in order to protect their
specificities” (A/HRC/14/36, para. 30). Both Special Rapporteurs on cultural rights
have repeatedly stressed that cultures are not fixed or static ( A/HRC/14/36, para. 6;
and A/HRC/31/59, para. 8). They both engaged with the hybridity of cultures, cultural
mixing and the right of individuals to freely develop and be the bearer of multiple and
complex identities. 19 Such work should continue and be mainstreamed across the
United Nations system.
13. The human rights approach to cultural mixing and mixed and multiple identities
needs to be holistic, recognizing the relationship such concepts have with many
human rights. Enjoyment of this range of human rights, as described below, requires
an open, honest, rights-respecting approach to such cultural dynamics. Conversely,
the rejection or denial of rights-respecting cultural mixing and of mixed and multiple
identities may represent violations of this range of human rights in and of themselves,
and be conducive to other violations of these rights.
14. The impact on cultural rights is enormous, and cultural rights must be at the
heart of the needed human rights approach. These cultural rights include the right of
everyone to take part in cultural life without discrimination, the right t o have access
to and enjoy cultural heritage, including the right to benefit from the heritage of
others, 20 as well as scientific and artistic freedom. Indeed, the rights to mix, borrow,
traverse and fuse cultures and to engage in syncretic cultural practi ce, in a rightsrespecting manner, 21 should be understood as cultural rights themselves. It is
impossible to participate fully in cultural life, without discrimination, without such
avenues being available. Cultural mixing and openness are among the founda tions of
cultural rights (A/73/227, para. 3).
15. However, the human rights impacts of the issues covered in the present report are
wide-ranging and interconnected across the indivisible and interdependent uni versal
human rights framework, affecting also, inter alia, the rights to development, to education
and academic freedom, to freedom of religion or belief, to freedom of expression, and
to freedom of peaceful assembly (A/HRC/20/27, para. 12), 22 including the right to
assemble around cultural practice.
16. The denial of cultural rights or freedom of expression, or of any of the rights
enumerated above, hinders the continuation of cultural mixing and its recognition.
The ability to speak openly about histories of cultural mixing is essential. The protection
of cultural heritage, including syncretic heritage, and the heritage of minorities,
including those no longer present, is a vital part of protecting th e relevant rights.
17. In order to handle the challenges in this area, a human rights framework needs
to be applied that, rather than constraining people by assigning them to narrow
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See discussion of the term “community” in A/HRC/31/59, paras. 10–17.
See, e.g., A/HRC/14/36, paras. 10 and 23; A/HRC/25/49/Add.1, paras. 16 and 21; A/HRC/34/56/Add.1,
paras. 31 and 51; A/HRC/37/55/Add.1, paras. 61 and 64; A/HRC/17/38, paras. 6, 10; A/68/296,
para. 54; A/HRC/31/59, para. 42; A/71/317, para. 12; A/HRC/34/56, para. 85; A/72/155, para. 84;
and A/HRC/40/53, para. 18.
General comment No. 21 (2009), para. 15 (b).
The meaning of “rights-respecting” and concerns about cultural appropriation, are discussed in
paras. 41–51.
For an example of positive potential of assembly around cultural practices, see
www.theguardian.com/uk-news/2020/oct/18/ive-never-had-so-much-craic-gaelic-games-come-toloyalist-east-belfast.
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