A/HRC/21/53 application and indivisible from other human rights, especially when applied to indigenous peoples. O. Alleged discrimination 86. Sometimes indigenous cultures, and especially their traditions and customs, are criticized on the grounds that they are allegedly discriminatory. Too often, alleged discrimination within indigenous cultural practices is cited as a reason not to respect, promote and fulfil indigenous peoples’ right to culture, to the detriment of indigenous peoples’ right to self-determination and the marginalization of their cultures. 87. In assessing whether indigenous peoples’ cultural practices infringe individuals’ human rights, caution is necessary lest the judgment be made from a non-indigenous perspective and with a poor understanding of indigenous peoples’ philosophies or the rationales behind their mores. The perspectives of the alleged victim of the allegedly discriminatory practice should be prioritized. Indeed, the perspective of indigenous women is often unique, different from the perspectives of non-indigenous women. At the same time, discrimination against individuals should be eliminated. 88. It is important that the causes of discrimination within indigenous peoples’ cultures are understood in an assessment of discrimination within indigenous cultural practices, such as the role that colonization and domination may have played, and are taken into account in measures to balance indigenous peoples’ cultural and self-determination rights and the human rights of individuals. P. Limitations on the right to culture 89. Human rights law permits certain limitations on the right to culture, which has been analysed by the Committee on Economic, Social and Cultural Rights. Article 46(2) of the Declaration states that any limitation must be “in accordance with international human rights obligations”, “non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.” It has been required under human rights law that a limitation be reasonably and objectively justified, proportionate and necessary. Accordingly, the means to address discriminatory indigenous cultural practices should impinge to the smallest extent possible on indigenous peoples’ cultural and self-determination rights.72 Thus, in most cases, discriminatory indigenous cultural practices are best addressed by the indigenous peoples themselves, according to their own processes. 73 This may mean, for example, that it is inappropriate for States to abolish a cultural practice outright but to, instead, adopt a gentler means of influencing change consistent with human rights, as has been recognized by the Committee on the Rights of the Child.74 72 73 74 Independent Expert in the field of cultural rights, visit to Morocco and Western Sahara, preliminary conclusions and observations, Rabat, 16 September 2011, para. 35. Note also submission from Alexandra Xanthaki. Independent Expert in the field of cultural rights, visit to Morocco and Western Sahara, para. 36. Committee on the Rights of the Child, general comment No. 11 (2009). 19