E/C.12/GC/21
(e)
To take part freely in an active and informed way, and without
discrimination, in any important decision-making process that may have an impact on his or
her way of life and on his or her rights under article 15, paragraph 1 (a).
50.
In many instances, the obligations to respect and to protect freedoms, cultural
heritage and diversity are interconnected. Consequently, the obligation to protect is to be
understood as requiring States to take measures to prevent third parties from interfering in
the exercise of rights listed in paragraph 49 above. In addition, States parties are obliged to:
(a)
Respect and protect cultural heritage in all its forms, in times of war and
peace, and natural disasters;
Cultural heritage must be preserved, developed, enriched and transmitted to future
generations as a record of human experience and aspirations, in order to encourage
creativity in all its diversity and to inspire a genuine dialogue between cultures. Such
obligations include the care, preservation and restoration of historical sites,
monuments, works of art and literary works, among others.52
(b)
Respect and protect cultural heritage of all groups and communities, in
particular the most disadvantaged and marginalized individuals and groups, in economic
development and environmental policies and programmes;
Particular attention should be paid to the adverse consequences of globalization,
undue privatization of goods and services, and deregulation on the right to
participate in cultural life.
(c)
Respect and protect the cultural productions of indigenous peoples, including
their traditional knowledge, natural medicines, folklore, rituals and other forms of
expression;
This includes protection from illegal or unjust exploitation of their lands, territories
and resources by State entities or private or transnational enterprises and
corporations.
(d)
Promulgate and enforce legislation to prohibit discrimination based on
cultural identity, as well as advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence, taking into consideration articles 19 and
20 of the International Covenant on Civil and Political Rights and article 4 of the
International Convention on the Elimination of All Forms of Racial Discrimination.
51.
The obligation to fulfil can be subdivided into the obligations to facilitate, promote
and provide.
52.
States parties are under an obligation to facilitate the right of everyone to take part in
cultural life by taking a wide range of positive measures, including financial measures, that
would contribute to the realization of this right, such as:
(a)
Adopting policies for the protection and promotion of cultural diversity, and
facilitating access to a rich and diversified range of cultural expressions, including through,
inter alia, measures aimed at establishing and supporting public institutions and the cultural
infrastructure necessary for the implementation of such policies; and measures aimed at
enhancing diversity through public broadcasting in regional and minority languages;
(b)
Adopting policies enabling persons belonging to diverse cultural
communities to engage freely and without discrimination in their own cultural practices and
those of others, and to choose freely their way of life;
52
GE.09-46922
Universal Declaration on Cultural Diversity, art. 7.
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