A/HRC/49/54
based on race, colour, descent, or national or ethnic origin (art. 1). The need to eradicate
discrimination in cultural activities has been raised by several United Nations human rights
bodies, including in connection to migrant workers,1 lesbian, gay, bisexual, transgender and
intersex persons2 and persons with disabilities.3 The Committee on the Elimination of Racial
Discrimination already noted the importance of cultural rights in protecting vulnerable
groups to restore the balance of power among the components of society, promote
intercultural understanding and tolerance, help to deconstruct racial stereotypes, facilitate the
free exchange of ideas and offer alternative points of view and counterpoints. 4 Importantly,
States parties to the International Convention on the Elimination of All Forms of Racial
Discrimination must make no distinctions between citizens and non-citizens (art. 1 (2)) and
should (not merely could) take concrete measures, including positive measures, for the
development and protection of the rights of vulnerable groups in the cultural field (arts. 1 (4)
and 2 (2)). The Human Rights Committee has also recently urged States to strengthen
awareness-raising efforts aimed at promoting respect for human rights and tolerance for
diversity, revisiting and eradicating stereotypical prejudices. 5 The Special Rapporteur will
follow the example of United Nations bodies and adopt an intersectional approach in her
work, highlighting the effects of multiple grounds of vulnerability.
8.
The Special Rapporteur is convinced that the protection of cultural rights and cultural
diversity can be promoted only by collaborating with different bodies and agencies of the
United Nations. She is committed to deepening these links and invites United Nations bodies
to engage with her on issues touching on cultural rights and cultural diversity.
III. Positive force of culture and cultural diversity
9.
Culture is much more than the sum of products. It is a process and a way of life. 6 It
permeates all spheres of life and is as essential to human experience as air, water, shelter and
security. It is at the core of being human: it is how people assign meaning to their lives and
understand their human, natural and manufactured environment, as individuals and
collectives. Culture embodies the responses human beings give to the big challenges in life,
such as life and death, parenthood and childhood, growing, coming of age and getting older.
Culture embodies the ways humans communicate with one another and organize social life
– through the development and transmission of language, values and gestures, and the
creation of norms, rules and institutions. And it is about the relationship humans have and
develop with nature and the environment they live in – through specific ways of obtaining
and transforming the food and water resources surrounding them, of facing a changing
climate and of devising adapted shelter and ways of life.
10.
The Special Rapporteur wishes to stress that culture is a positive element and a
positive drive for the realization of human rights. Cultural resources and experiences are the
way we build our identity, our sense of self and our place in the world. The gradual
understanding of the concept of culture as “a way of life” has democratized the way cultural
rights are reconfigured as the emphasis has moved from objects of beauty to everyday
expressions of identity. It emphasizes their importance in recognizing the human dignity
expressed in all types of interactions, from communicating with one another to inhabiting a
territory, from creating and transmitting knowledge to ensuring an adequate standard of
living, from caring for loved ones to engaging in social, economic and political exchanges.
11.
Everyone has multiple cultural resources that shape them. These may derive from their
ethnic background, their minority status, their family values, their continent’s priorities and,
1
2
3
4
5
6
4
Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families,
general comment No. 5 (2021), para. 68. See also CERD/C/NLD/CO/22-24, paras. 33–34.
A/74/181, paras. 5 and 103 (b).
Committee on the Rights of Persons with Disabilities, general comment No. 2 (2014), para. 44. See
also A/HRC/31/62, paras. 15 and 31; and A/HRC/46/27, para. 51.
Committee on the Elimination of Racial Discrimination, general recommendation No. 35 (2013),
paras. 24, 29, 31 and 34.
CCPR/C/DEU/CO/7, para. 11 (c). See also CCPR/C/HUN/CO/6, para. 17.
A/HRC/14/36, para. 5.