E/C.12/GC/21
well as values, which make up identity and contribute to the cultural diversity of individuals
and communities. Of all the cultural goods, one of special value is the productive
intercultural kinship that arises where diverse groups, minorities and communities can
freely share the same territory;
(b)
Accessibility consists of effective and concrete opportunities for individuals
and communities to enjoy culture fully, within physical and financial reach for all in both
urban and rural areas, without discrimination.15 It is essential, in this regard, that access for
older persons and persons with disabilities, as well as for those who live in poverty, is
provided and facilitated. Accessibility also includes the right of everyone to seek, receive
and share information on all manifestations of culture in the language of the person’s
choice, and the access of communities to means of expressions and dissemination.
(c)
Acceptability entails that the laws, policies, strategies, programmes and
measures adopted by the State party for the enjoyment of cultural rights should be
formulated and implemented in such a way as to be acceptable to the individuals and
communities involved. In this regard, consultations should be held with the individuals and
communities concerned in order to ensure that the measures to protect cultural diversity are
acceptable to them;
(d)
Adaptability refers to the flexibility and relevance of strategies, policies,
programmes and measures adopted by the State party in any area of cultural life, which
must be respectful of the cultural diversity of individuals and communities;
(e)
Appropriateness refers to the realization of a specific human right in a way
that is pertinent and suitable to a given cultural modality or context, that is, respectful of the
culture and cultural rights of individuals and communities, including minorities and
indigenous peoples.16 The Committee has in many instances referred to the notion of
cultural appropriateness (or cultural acceptability or adequacy) in past general comments, in
relation in particular to the rights to food, health, water, housing and education. The way in
which rights are implemented may also have an impact on cultural life and cultural
diversity. The Committee wishes to stress in this regard the need to take into account, as far
as possible, cultural values attached to, inter alia, food and food consumption, the use of
water, the way health and education services are provided and the way housing is designed
and constructed.
C.
Limitations to the right to take part in cultural life
17.
The right of everyone to take part in cultural life is closely linked to the enjoyment
of other rights recognized in the international human rights instruments. Consequently,
States parties have a duty to implement their obligations under article 15, paragraph 1 (a),
together with their obligations under other provisions of the Covenant and international
instruments, in order to promote and protect the entire range of human rights guaranteed
under international law.
18.
The Committee wishes to recall that, while account must be taken of national and
regional particularities and various historical, cultural and religious backgrounds, it is the
duty of States, regardless of their political, economic or cultural systems, to promote and
protect all human rights and fundamental freedoms.17 Thus, no one may invoke cultural
15
16
17
GE.09-46922
See general comment No. 20 (2009).
Fribourg Declaration on Cultural Rights, art. 1 (e).
Vienna Declaration and Programme of Action, para. 5.
5