would include both economic, social, and
cultural rights, as well as civil and political
rights. But by 1951, it had become clear
that two separate covenants were needed:
the ICESCR and the International Covenant
on Civil and Political Rights (ICCPR).
After almost twenty years of drafting
debates, both covenants were adopted
and opened for signature, ratification,
and accession in 1966, and they entered
into force in 1976. Human rights were
now divided into economic, social, and
cultural rights on the one hand, and civil
and political rights on the other hand.
This division would influence how cultural
rights came to be perceived. This was
unfortunate as scholars and practitioners
around the world have since been unable
to agree on the proper status not only of
cultural rights but also of economic and
social rights. The official UN position
is that all human rights are “universal,
indivisible and interdependent and
interrelated,” but even within the human
rights community, anyone arguing in
favor of the usefulness of cultural rights
has typically faced an uphill battle. Many
human rights scholars and lawyers, as
well as many of the Western states (e.g.,
the United States) consider civil and
political rights to be the most important
part of the human rights spectrum. They
view economic, social, and cultural rights
as mere policy goals, and those who do
show an interest in these rights tend to
focus on economic and social rights only.
The Relationship of Cultural
Rights to Other Human Rights
In 2009, the Human Rights Council
decided to establish a Special Rapporteur
in the field of cultural rights. The mandate
asks the Special Rapporteur – currently
Alexandra Xanthaki, who took over as
Special Rapporteur in October 2021 – to
identify best practices in the promotion
and protection of cultural rights at all
levels, from the local to the international.
They are furthermore requested to identify
possible obstacles to the promotion and
protection of cultural rights as well as to
pay special attention to the relationship
between cultural rights and cultural
diversity and to integrate a gender and
disabilities perspective into their work.
The legal basis for cultural rights
can be found in international human
rights instruments that either directly
or indirectly refer to culture. We have
already mentioned the importance of the
ICESCR. In all four parts of Article 15
ICESCR, the right to participate in cultural
life is mentioned alongside the right to
benefit from scientific progress and its
applications, and the rights of authors.
This article recognizes the rights to culture
and to science, as we saw. It also requires
States Parties to conserve, develop,
and disseminate science and culture,
to respect the freedom indispensable
for scientific research and creative
activity, and to recognize the benefits of
international contacts and cooperation in
the scientific and cultural fields.
Cultural rights are about furthering
human creativity and learning. The
connection of both science and culture
to education is furthermore worth
noting. It is education that allows access
to knowledge, values and cultural
heritage. That science and technology
are classified, together with education,
as cultural human rights is especially
important when considered in relation to
sustainability and climate change.
Among the instruments that indirectly
refer to culture we might mention the
ICCPR, in particular the provisions
protecting the right to privacy, freedom of
thought, conscience and religion, freedom
of opinion and expression, freedom of
association, and peaceful assembly. In
addition, various UNESCO instruments are
also relevant. These include instruments
such as the Universal Declaration on
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