A/HRC/43/50
IV. Risks and challenges
50.
The former Special Rapporteur on human rights defenders noted that defenders
working in the field of economic, social and cultural rights often had a harder time having
their work accepted as human rights work. As a result, they experience difficulties
attracting funding, a lack of coverage from the media to violations of their rights, and a lack
of attention paid to the violations and a hesitation in seeking remedial measures at the
domestic or international level. There is a misconception that defenders working in the field
of economic, social and cultural rights are not “real” human rights defenders
(A/HRC/4/37). Cultural rights defenders and their work often receive even less attention
than those working on economic and social rights, even from international bodies,
including the United Nations, and civil society. This lack of visibility creates many
challenges and magnifies risks. Cultural rights defenders who have faced violations have
stressed to the Special Rapporteur that they feel safer when their cases and work receive
international attention. In 2015, the Special Rapporteur on the situation of human rights
defenders identified those working to defend economic, social and cultural rights as one of
the most at-risk groups of defenders (A/68/262, paras. 15, 24, 40 and 53–55).
51.
Many human rights defenders face pressure due to their work and take great risks to
carry it out. However, there may be specific difficulties and challenges, and particular root
causes of violence and repression against cultural rights defenders, and some specific kinds
of human rights abuses they may suffer, many of which are on the rise. 35 These need to be
addressed.
52.
The work of cultural rights defenders often touches upon issues deemed sensitive,
which makes them especially vulnerable to persecution. Writers and artists may be targeted
precisely because they represent the liberating gift of the human imagination and give voice
to thoughts, ideas, debate and critique, disseminated to a wide audience. 36 Cultural rights
defenders may be seen as challenging dominant cultural or religious arguments or symbols
when those are used as instruments of domination or discrimination, including by
authoritarian Governments, fundamentalists and extremists, and both States and non-State
actors. In the report on the right to freedom of artistic expression and creativity, the
mandate holder noted that in most cases, restrictions on artistic freedoms reflect a desire to
promote a world vision or narrative while simultaneously blocking all others
(A/HRC/23/34, paras. 36 and 89 (d)). Being perceived as challenging cultural or religious
arguments or symbols may create strong and emotional reactions from authorities and other
actors. Similarly, when cultural rights defenders challenge cultural norms or attitudes about
sexuality and reproduction, or narrow conceptions of “family” or “tradition”, they and their
work have been subjected to various forms of regulation. 37 All this leads to threats and
violence against cultural rights defenders, and may lead to their exclusion, and to their
being dubbed as outside of or an enemy of their culture, religion, or national or ethnic
group, as being “other,” “alien” or “foreign.” Such portrayal may be emotionally
devastating both for the defender and their family and colleagues, and also facilitates other
abuses.
53.
Cultural rights defenders may experience the paradoxical phenomenon of the very
rights they defend being co-opted to undermine them. For example, culture, cultural
diversity or cultural rights may be misused, in violation of international standards, to seek
to justify violations, and undercut those who advocate precisely for the cultural rights of
women or minorities or those excluded on the basis of caste or facing discrimination due to
their sexual orientation or gender identity. Discrimination in the exercise of cultural rights
is then claimed to be justified in the name of respect for cultural diversity or culture. This is
unacceptable (see A/73/227).
35
36
37
12
See, e.g., Freemuse, The State of Artistic Freedom 2019: Whose Narratives Count? (2019).
www.icorn.org/about-icorn.
United Nations, “Increasingly under attack, women human rights defenders need better back up”, 28
November 2018; and United Nations, OHCHR, “Women human rights defenders”, Information Series
on Sexual and Reproductive Health and Rights, fact sheet.