A/HRC/52/35 unexpected and change, and can ultimately create resistance in more fused cultural frameworks. 6. The mixing of communities, contexts and cultural resources that takes place through migration is certainly an enriching and dynamic exercise that promotes the cultural development of all involved. However, such processes need the implementation of cultural rights and their realization for all to be continuously monitored. That involves understanding the wide spectrum of cultural rights and the derivation of specific obligations. The State has the primary role to play in implementing those rights as the main duty bearer of cultural rights. 7. In preparation for writing the present report, the Special Rapporteur invited States, national human rights institutions, academics, civil society organizations and other international organizations to share their views and experiences by responding to a questionnaire, which was sent out in October 2022. Thirty-eight responses were received. The Special Rapporteur thanks all the participants for their valuable contributions. II. Definitional issues 8. For the purposes of the present report, the Special Rapporteur defines migration in the broadest possible way. She looks at the cultural rights of persons who have arrived at or are based for some time in a host State and their interaction with the cultural rights of local populations. The level of benefits and challenges stemming from migration may differ, but it is the move that raises issues of cultural rights for both migrants and the local population. The report involves migration that has been forced and non-forced; migration that aims at the granting of asylum; migration initiated for socioeconomic reasons, for study or just for love; long-term and short-term migration; migration that has followed conventional or unconventional routes; and migration that is documented and undocumented. All cultural rights are recognized for all those individuals, irrespective of their status and characteristics. 9. The Special Rapporteur is aware of the plethora of different experiences that migration involves. The level of vulnerability of migrants’ cultural rights depends on many factors, including their status, national or social origin, perceived race, ethnicity, colour, gender, sexual orientation, capital (economic, social, cultural) and skills. It also depends on the host State, its policies on migration and human rights in general and its implementation of its international obligations deriving from human rights law. Importantly, it also depends on the host population, their experiences, education, skills and political priorities. III. Legal framework 10. Cultural rights protect the right of each person individually, in community with others and collectively, to access and participate in the cultural life of the society in which they live and also to maintain and develop their own cultural frameworks, and develop and express their humanity, their world views and the meanings they give to their existence and their development, including through, inter alia, values, beliefs, convictions, languages, knowledge and the arts, institutions and ways of life. Cultural rights protect the artistic freedom of individuals and the cultural heritage of individuals and groups. 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. 11. International human rights law explicitly recognizes cultural rights for everyone, hence any migrant of any background, status and in any situation has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits, as well as to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author.5 The Special Rapporteur would like to emphasize that these provisions now have the status of customary international law binding on all States. 5 GE.23-01011 Universal Declaration of Human Rights, art. 27. 3