E/C.12/GC/21
of cultural diversity, the Committee considers that article 15, paragraph 1 (a), of the
Covenant entails at least the obligation to create and promote an environment within which
a person individually, or in association with others, or within a community or group, can
participate in the culture of their choice, which includes the following core obligations
applicable with immediate effect:
(a)
To take legislative and any other necessary steps to guarantee nondiscrimination and gender equality in the enjoyment of the right of everyone to take part in
cultural life;
(b)
To respect the right of everyone to identify or not identify themselves with
one or more communities, and the right to change their choice;
(c)
To respect and protect the right of everyone to engage in their own cultural
practices, while respecting human rights which entails, in particular, respecting freedom of
thought, belief and religion; freedom of opinion and expression; a person’s right to use the
language of his or her choice; freedom of association and peaceful assembly; and freedom
to choose and set up educational establishments;
(d)
To eliminate any barriers or obstacles that inhibit or restrict a person’s access
to the person’s own culture or to other cultures, without discrimination and without
consideration for frontiers of any kind;
(e)
To allow and encourage the participation of persons belonging to minority
groups, indigenous peoples or to other communities in the design and implementation of
laws and policies that affect them. In particular, States parties should obtain their free and
informed prior consent when the preservation of their cultural resources, especially those
associated with their way of life and cultural expression, are at risk.
D.
International obligations
56.
In its general comment No. 3 (1990), the Committee draws attention to the
obligation of States parties to take steps, individually and through international assistance
and cooperation, especially through economic and technical cooperation, with a view to
achieving the full realization of the rights recognized in the Covenant. In the spirit of
Article 56 of the Charter of the United Nations, as well as specific provisions of the
International Covenant on Economic, Social and Cultural Rights (art. 2, para. 1, and arts. 15
and 23), States parties should recognize and promote the essential role of international
cooperation in the achievement of the rights recognized in the Covenant, including the right
of everyone to take part in cultural life, and should fulfil their commitment to take joint and
separate action to that effect.
57.
States parties should, through international agreements where appropriate, ensure
that the realization of the right of everyone to take part in cultural life receives due
attention.53
58.
The Committee recalls that international cooperation for development and thus for
the realization of economic, social and cultural rights, including the right to take part in
cultural life, is an obligation of States parties, especially of those States that are in a
position to provide assistance. This obligation is in accordance with Articles 55 and 56 of
53
GE.09-46922
See general comment No. 18 (2005), para. 29.
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