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.

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