E/C.12/GC/21
the Charter of the United Nations, as well as articles 2, paragraph 1, and articles 15 and 23
of the Covenant.54
59.
In negotiations with international financial institutions and in concluding bilateral
agreements, States parties should ensure that the enjoyment of the right enshrined in article
15, paragraph 1 (a), of the Covenant is not impaired. For example, the strategies,
programmes and policies adopted by States parties under structural adjustment programmes
should not interfere with their core obligations in relation to the right of everyone,
especially the most disadvantaged and marginalized individuals and groups, to take part in
cultural life.55
IV. Violations
60.
To demonstrate compliance with their general and specific obligations, States parties
must show that they have taken appropriate measures to ensure the respect for and
protection of cultural freedoms, as well as the necessary steps towards the full realization of
the right to take part in cultural life within their maximum available resources. States
parties must also show that they have guaranteed that the right is enjoyed equally and
without discrimination, by men and women.
61.
In assessing whether States parties have complied with obligations to take action, the
Committee looks at whether implementation is reasonable or proportionate with respect to
the attainment of the relevant rights, complies with human rights and democratic principles,
and whether it is subject to an adequate framework of monitoring and accountability.
62.
Violations can occur through the direct action of a State party or of other entities or
institutions that are insufficiently regulated by the State party, including, in particular, those
in the private sector. Many violations of the right to take part in cultural life occur when
States parties prevent access to cultural life, practices, goods and services by individuals or
communities.
63.
Violations of article 15, paragraph 1 (a), also occur through the omission or failure
of a State party to take the necessary measures to comply with its legal obligations under
this provision. Violations through omission include the failure to take appropriate steps to
achieve the full realization of the right of everyone to take part in cultural life, and the
failure to enforce relevant laws or to provide administrative, judicial or other appropriate
remedies to enable people to exercise in full the right to take part in cultural life.
64.
A violation also occurs when a State party fails to take steps to combat practices
harmful to the well-being of a person or group of persons. These harmful practices,
including those attributed to customs and traditions, such as female genital mutilation and
allegations of the practice of witchcraft, are barriers to the full exercise by the affected
persons of the right enshrined in article 15, paragraph 1 (a).
65.
Any deliberately retrogressive measures in relation to the right to take part in
cultural life would require the most careful consideration and need to be fully justified by
reference to the totality of the rights provided for in the Covenant and in the context of the
full use of the maximum available resources.
54
55
16
General comment No. 3 (1990), para. 14. See also general comment No. 18 (2005), para. 37.
See general comment No. 18 (2005), para. 30.
GE.09-46922