A/HRC/49/54
fundamentalism and extremism on the cultural rights of women 37 are important sources.
Whether collective cultural rights must be balanced with women’s rights or other individual
rights, the alleged victims must have a real “right to exit” from the culture if they do not agree
with the values it embodies. To have this right, the State must provide some adequate level
of physical security and socioeconomic rights, including a minimum level of education, a
health system and a secure society.38 Otherwise, the expectation of the individual to make a
choice between the right to exercise a cultural practice and other human rights is not real.
36.
In balancing cultural rights with other rights or interests, the rights of vulnerable or
marginalized sections of the population must take priority so that effective and real equality
can be achieved. This is of particular importance when balancing the right to development
with the cultural rights of a community. Although at times violations are perpetuated by
transnational corporations – and the Special Rapporteur follows with interest developments
in human rights responsibility of transnational corporations – ultimately the duty to respect,
protect and fulfil cultural rights is borne by the State, and the State must act towards the full
implementation of such rights for all, without discrimination.
VI. Indivisibility of cultural rights and other human rights
37.
Cultural rights have firm links with other human rights, to the extent that, at times, the
separation of such rights is difficult. For example, distinctions between cultural rights and
religious rights are not always clear. The Special Rapporteur on freedom of religion or belief
will discuss in his forthcoming report rights relating to spirituality, which transcend both
religion and culture. The Special Rapporteur on the right to education has noted that the right
to education should be viewed as a cultural right. She has noted that the right to education –
as the right of each person to the cultural resources necessary to freely follow a process of
identification, to experience mutually rewarding relations his or her life long, to deal with the
crucial challenges facing our world, to engage in the practices that make it possible to take
ownership of and contribute to these resources – is, in substance, a cultural right. 39 The
Special Rapporteur in the field of cultural rights is delighted that close collaborations exist
with other mandate holders (also made evident by the high number of joint communications,
letters and statements) and is looking forward to having further collaboration and combined
resources on cross-cutting topics, which will ensure even more cohesion in, and a larger
impact of, the messages.
38.
The indivisibility of human rights is evident, on the one hand, through other mandate
holders’ work on aspects of cultural rights in the broad sense, but also, on the other hand, in
discussions on the cross-section of rights. As mentioned above, the promotion and protection
of cultural rights and cultural diversity presupposes a healthy society where human rights
defenders have their rights protected, a society where socioeconomic rights are protected,
and a society that strives to eradicate poverty. In its general comment No. 21 (2009), the
Committee on Economic, Social and Cultural Rights links the right of everyone to take part
in cultural life with the right to self-determination and the right to an adequate standard of
living (para. 2). In its general comment No. 25 (2020), the Committee discerns linkages
between poverty and access to scientific freedom, stating that economic inequality hinders
equal access to scientific education and to the benefits of scientific progress for people living
in poverty (para. 36). The COVID-19 pandemic has exposed the need to promote other
human rights, including the guarantees of non-discrimination, the right to health, the rights
of persons with disabilities and the rights of older persons. 40 Respect for cultural rights
37
38
39
40
10
See A/72/155.
Susan M. Okin, “‘Mistresses of their own destiny’: group rights, gender and realistic rights of exit”,
Ethics, vol. 112, No. 2 (January 2002), pp. 205–230; Ayelet Shachar, Multicultural Jurisdictions:
Cultural Differences and Women’s Rights (Cambridge University Press, 2001); and Jeff SpinnerHalev, “Autonomy, association and pluralism”, in Minorities within Minorities: Equality, Rights and
Diversity, Avigail Eisenberg and Jeff Spinner-Halev, eds. (Cambridge University Press, 2005), pp.
157–171.
A/HRC/47/32, para. 52.
See A/HRC/46/34.