E/C.12/GC/21
prior and informed consent of indigenous peoples in all matters covered by their specific
rights.37
8.
Persons living in poverty
38.
The Committee considers that every person or group of persons is endowed with a
cultural richness inherent in their humanity and therefore can make, and continues to make,
a significant contribution to the development of culture. Nevertheless, it must be borne in
mind that, in practice, poverty seriously restricts the ability of a person or a group of
persons to exercise the right to take part in, gain access and contribute to, on equal terms,
all spheres of cultural life, and more importantly, seriously affects their hopes for the future
and their ability to enjoy effectively their own culture. The common underlying theme in
the experience of persons living in poverty is a sense of powerlessness that is often a
consequence of their situation. Awareness of their human rights, and particularly the right
of every person to take part in cultural life, can significantly empower persons or groups of
persons living in poverty.38
39.
Culture as a social product must be brought within the reach of all, on the basis of
equality, non-discrimination and participation. Therefore, in implementing the legal
obligations enshrined in article 15, paragraph 1 (a), of the Covenant, States parties must
adopt, without delay, concrete measures to ensure adequate protection and the full exercise
of the right of persons living in poverty and their communities to enjoy and take part in
cultural life. In this respect, the Committee refers States parties to its statement on poverty
and the International Covenant on Economic, Social and Cultural Rights.39
F.
Cultural diversity and the right to take part in cultural life
40.
The protection of cultural diversity is an ethical imperative, inseparable from respect
for human dignity. It implies a commitment to human rights and fundamental freedoms,
and requires the full implementation of cultural rights, including the right to take part in
cultural life.40
41.
Cultures have no fixed borders. The phenomena of migration, integration,
assimilation and globalization have brought cultures, groups and individuals into closer
contact than ever before, at a time when each of them is striving to keep their own identity.
42.
Given that globalization has positive and negative effects, States parties must take
appropriate steps to avoid its adverse consequences on the right to take part in cultural life,
particularly for the most disadvantaged and marginalized individuals and groups, such as
persons living in poverty. Far from having produced a single world culture, globalization
has demonstrated that the concept of culture implies the coexistence of different cultures.
43.
States parties should also bear in mind that cultural activities, goods and services
have economic and cultural dimensions, conveying identity, values and meanings. They
must not be treated as having solely a commercial value.41 In particular, bearing in mind
article 15 (2) of the Covenant, States parties should adopt measures to protect and promote
37
38
39
40
41
10
ILO Convention No. 169, art. 6 (a). See also the United Nations Declaration on the Rights of
Indigenous Peoples, art. 19.
See E/C.12/2001/10, para. 5.
Ibid., para. 14.
See the Universal Declaration on Cultural Diversity, arts. 4 and 5.
UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions,
preamble, para. 18. See also the Universal Declaration on Cultural Diversity, art. 8.
GE.09-46922