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the support of the Institute for Communities and Society at Brunel University
London. 5 She also held individual meetings with several additional experts and
development practitioners. In order to collect views and experiences, a questionnaire
was distributed widely in March 2022. Fifty-two responses were received, including
from States, national human rights institutions, academics, civil society organizations
and other international organizations. 6
7.
The present report is the first of two consecutive studies on development and
cultural rights by the Special Rapporteur. It focuses on mainstreaming cultural rights
through the 2030 Agenda. A second report, to be presented to the General Assembly
in 2023, will examine the issue in the context of the policies and methodologies
adopted by large trade and development agencies, with a view to identifying and
bridging the gaps.
II. Legal and policy framework
8.
The 2030 Agenda is firmly anchored in human rights. States have made
commitments to respecting, protecting and fulfilling cultural rights in a plethora of
human rights instruments. The strongest references are to be found in article 27 of the
Universal Declaration of Human Rights and article 15 of t he International Covenant
on Economic, Social and Cultural Rights, which recognize the right of everyone to
participate freely in cultural life, to enjoy the arts and to share in scientific
advancement and its benefits. The need for substantive equality in sustainable
development is based on article 27 of the International Covenant on Civil and Political
Rights and on the International Convention on the Elimination of All Forms of Racial
Discrimination.
9.
As reiterated many times by this mandate, cultural rights protect the right of
each person individually, in community with others and collectively, to develop and
express their humanity, their world views and the meanings they give to their
existence and their development, including through, inter alia, v alues, beliefs,
convictions, languages, knowledge and the arts, institutions and ways of life. Cultural
rights also protect the cultural heritage of the individual and groups and the resources
that enable such identification and development processes.
10. Cultural rights are therefore essential for the development of each person and
community, their empowerment, and the construction of their respective identities in
a sustainable cultural ecosystem. They are at the core of the definition of development
itself. It is an illusion to believe that the goal to leave no one behind could be sought
without full respect for cultural rights for all, on an equal basis.
11. Several provisions of international human rights law underline the close ties
between development and cultural rights. The right of self-determination, recognized
in common article 1 of both International Covenants, is the right of all peoples to
“freely determine their political status and freely pursue their economic, social and
cultural development”. Article 1 of the Declaration on the Right to Development, for
its part, specifies that the right to development is an inalienable human right by virtue
of which every human person and all peoples are entitled to participate in, contribute
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6
22-12659
The Special Rapporteur thanks all participants for their valuable contributions, and in particular
Dorcas Taylor, Colin Luoma, Rebecca Gleig and Raquel Carneiro Fernandes from the University
of Sussex law clinics, for their research collaboration and assistance on specific themes. A detailed
list of participants in the expert consultations is available on the web page of the mandate at
www.ohchr.org/en/special-procedures/sr-cultural-rights.
The contributions received are available on the web page of the mandate and are referred to
throughout the report by the name of the submitting stakeholder.
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