A/HRC/23/34/Add.1
that the term “cultural values” refers to tangible secular and religious heritage, the Special
Rapporteur stresses that this notion was also used by many interlocutors as encompassing at
the same time objects, attitudes and beliefs, and tangible and intangible forms of cultural
heritage.
III. Normative and institutional framework
A.
1.
National framework
Relevant constitutional provisions
14.
The Federal Constitution has important provisions relating to cultural rights,
including the principle of equality of rights and freedoms for all (art. 19); the rights of
everyone to determine and indicate their nationality, to use their native language, and to
choose freely the language of communication, upbringing, education and creative work (art.
26); the right to freedom of conscience and religion (art. 28); and the freedom of ideas and
speech, including the right to look freely for, receive, transmit, produce and distribute
information by any legal means and the freedom of mass communication (art. 29). In
addition, article 44 affirms the right to literary, artistic, scientific, technical and other types
of creative activity, to participate in cultural life, to the use of cultural institutions, and to
access to cultural treasures, as well as everyone‟s obligation to care for the preservation of
cultural and historical heritage and to protect monuments of history and culture.
15.
Certain constitutional provisions recognize the Federation‟s multi-ethnic and multiconfessional character. Article 68 stipulates that Russian is the State language throughout
the Russian Federation; that the Republics have the right to establish their own State
languages, which will be used, together with the State language of the Russian Federation,
in the bodies of State authority and local self-government and State institutions of the
Republics; and that the Russian Federation guarantees to all of its peoples the right to
preserve their native language and to create conditions for its study and development.
16.
Article 69 guarantees the rights of numerically small indigenous peoples according
to the universally recognized principles and norms of international law and international
treaties and agreements to which the Russian Federation is party.
2.
(a)
Relevant laws
Draft laws on culture
17.
Articles 10 to 21 of the 1992 Principles of Cultural Legislation include the rights to
creative activity, a distinct cultural identity, access to cultural values, humanitarian and
artistic education, to establish voluntary cultural associations, to cultural activities in
foreign countries, to preserve and develop the distinct cultural and ethnic identity of
peoples and other ethnic communities, and to cultural and ethnic autonomy. There are also
legislative acts governing social relations in various cultural spheres.
18.
Many believe that the Principles of Cultural Legislation are obsolete and should be
reviewed to bring them into line with international standards. A draft new law on culture,
under discussion for several years, introducing new definitions more in line with
international practices, and the notion of intangible cultural heritage, was submitted to
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