E/C.12/GC/21
diversity to infringe upon human rights guaranteed by international law, nor to limit their
scope.18
19.
Applying limitations to the right of everyone to take part in cultural life may be
necessary in certain circumstances, in particular in the case of negative practices, including
those attributed to customs and traditions, that infringe upon other human rights. Such
limitations must pursue a legitimate aim, be compatible with the nature of this right and be
strictly necessary for the promotion of general welfare in a democratic society, in
accordance with article 4 of the Covenant. Any limitations must therefore be proportionate,
meaning that the least restrictive measures must be taken when several types of limitations
may be imposed. The Committee also wishes to stress the need to take into consideration
existing international human rights standards on limitations that can or cannot be
legitimately imposed on rights that are intrinsically linked to the right to take part in
cultural life, such as the rights to privacy, to freedom of thought, conscience and religion, to
freedom of opinion and expression, to peaceful assembly and to freedom of association.
20.
Article 15, paragraph 1 (a) may not be interpreted as implying for any State, group
or person any right to engage in any activity or perform any act aimed at the destruction of
any of the rights and freedoms recognized in the Covenant or at their limitation to a greater
extent than is provided for therein.19
D.
Special topics of broad application
Non-discrimination and equal treatment
21.
Article 2, paragraph 2, and article 3 of the Covenant prohibit any discrimination in
the exercise of the right of everyone to take part in cultural life on the grounds of race,
colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status.20
22.
In particular, no one shall be discriminated against because he or she chooses to
belong, or not to belong, to a given cultural community or group, or to practise or not to
practise a particular cultural activity. Likewise, no one shall be excluded from access to
cultural practices, goods and services.
23.
The Committee emphasizes that the elimination of all forms of discrimination in
order to guarantee the exercise of the right of everyone to take part in cultural life can, in
many cases, be achieved with limited resources21 by the adoption, amendment or repeal of
legislation, or through publicity and information. In particular, a first and important step
towards the elimination of discrimination, whether direct or indirect, is for States to
recognize the existence of diverse cultural identities of individuals and communities on
their territories. The Committee also refers States parties to its general comment No. 3
(1990), paragraph 12, on the nature of States parties’ obligations, which establishes that,
even in times of severe resource constraints, the most disadvantaged and marginalized
individuals and groups can and indeed must be protected by the adoption of relatively lowcost targeted programmes.
18
19
20
21
6
Universal Declaration on Cultural Diversity, art. 4.
International Covenant on Economic, Social and Cultural Rights, art. 5, para. 1.
See general comment No. 20 (2009).
See general comment No. 3 (1990); statement by the Committee: an evaluation of the obligation to
take steps to the “maximum of available resources” under an optional protocol to the Covenant
(E/C.12/2007/1).
GE.09-46922