A/75/298
based approach to all aspects of climate change and climate action. 100 This approach
must include consideration of cultural rights and cultural impacts.
58. Culture has a critical role to play in humanity ’s reaction to climate change. In
this time of forced editing of cultural practices, individuals and their values will be
put to the test. What will be preserved? What will be sacrificed? What people decide
to prioritize individually, locally, regionally and internationally will determine what
change will look like. 101
59. Many necessary mitigation and adaptation measures, such as those related t o
kicking our addiction to fossil fuels, 102 may require cultural change, under human
rights norms. Human cultures are inherently dynamic. As stressed by the Committee
on Economic, Social and Cultural Rights, cultural life “is an explicit reference to
culture as a living process, historical, dynamic and evolving”, and “the concept of
culture must be seen not as a series of isolated manifestations or hermetic
compartments, but as an interactive process whereby individuals and communities,
while preserving their specificities and purposes, give expression to the culture of
humanity.” 103
60. Cultural rights may be subjected to limitations in certain circumstances. 104 As
stressed by the Committee on Economic, Social and Cultural Rights, limitations
should be a last resort only and should be in accordance with certain conditions as
established under international human rights law. Such limitations must be in pursuit
of a legitimate aim, be compatible with the nature of the right and be strictly necessary
for the promotion of general welfare in a democratic society, in accordance with
article 4 of the International Covenant on Economic, Social and Cultural Rights. Any
limitations must be proportionate, meaning that, when several types of limitations
may be imposed, the least restrictive measures must be taken. Fully participatory and
consultative approaches, and the free, prior and informed consent of indigenous
peoples, are critical.
61. Social and cultural values can contribute to climate change and will need to
evolve. It is also essential to acknowledge that certain objections to climate action in
the name of culture, for example related to the automobile or cattle -raising, may also
have to be overridden in accordance with human rights norms, to protect the righ ts of
humanity in the face of the climate emergency. Human rights law also contains vital
prohibitions which disallow using one’s own rights as a sword “aimed at the
destruction of any of the rights and freedoms” of others. 105
62. Nevertheless, it is vital to recognize that real tensions may arise between
essential environmental goals and lived cultures and traditions. This requires both a
commitment to the imperative of effective climate action and sensitive human rights
approaches, including dialogue with all stakeholders, education to help shift mindsets,
economic, social and cultural support, documentation of heritage losses and the
participation of and engagement with affected populations. 106
__________________
100
101
102
103
104
105
106
16/23
Ibid., para. 62.
See Intergovernmental Panel on Climate Change, “Global warming of 1.5°C”, p p. 51, 52, 72, 73
and 449.
See A/74/161.
Committee on Economic, Social and Cultural Rights, general comment No. 21 (2009) on the
right of everyone to take part in cultural life, paras. 11 and 12.
See A/HRC/31/59, paras. 25 and 26.
International Covenant on Civil and Political Rights, art. 5; Universal Declaration of H uman
Rights, art. 30.
See contribution by WetFutures Ireland.
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