A/71/317 Trindade explained in his opinion related to the 2011 order of the International Court of Justice regarding the case of the Temple of Preah Vihear, “the ultimate titulaires of the right to the safeguard and preservation of their cultural and spiritual heritage are the collectivities of human beings concerned, or else humankind as a whole”. 7 9. Hence, the Special Rapporteur regrets that the discourses on cultural heritage are selective: the parties to discourse exclude the losses of others and the destructive acts engaged in by their own side and fail to recognize the cultural rights of all. Cultural heritage is not a weapon: it is an issue concerning universal human rights. We must come together to defend the heritage of all, for all. 10. The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict defines “cultural property” broadly so as to include movable or immovable property, such as monuments of architecture, art or history, artworks, archaeological sites, manuscripts, books and scientific collections, as well as the institutions that house them (article 1). Cultural heritage is a broader concept which does not rest upon one agreed definition: it includes tangible heritage composed of sites, structures and remains of archaeological, historical, religious, cultural or aesthetic value, as well as intangible heritage comprising traditions, customs and practices, vernacular or other languages, forms of artistic expression and folklore. Both concepts should be understood in broad, holistic terms. For example, tangible heritage includes not only buildings and ruins, but also archives, manuscripts and libraries, which are critical to preserving all facets of cultural life, such as education, as well as artistic and scientific knowledge and freedom. 11. It is difficult to obtain information on women’s experience of cultural heritage and its destruction because many organizations engaged in work on heritage do not approach it from a gendered perspective, and many women defenders of human rights do not engage in such work. Here lies a gap that must be bridged. The Special Rapporteur regrets that she did not receive any submissions focused on this topic. The fact that many cultural sites that have been destroyed recently, such as mausoleums, are associated with and visited by women in particular, may be a factor in their targeting. Moreover, intangible heritage plays a particularly important role in the enjoyment of human rights by many women and girls. The Special Rapporteur encourages the development and adoption of a fully gender -sensitive approach to the protection of cultural heritage and to the combating of its destruction, which should include: recognizing the work of women cultural heritage defenders, who may face not only the risks encountered by their male colleagues but also gender discrimination; promoting the inclusion of women cultural heritage experts in relevant national and international forums and institutions, including at the highest levels; and combating the particular challenges faced by women in accessing cultural heritage without discrimination and even in ensuring that their heritage is recognized in the first place. 12. Culture is constituted by social practices that change over time (A/HRC/31/59). Sometimes, cultural change is mandated by human rights law when practices violate human rights, as required, for example, under article 5 (a) of the Convention on the Elimination of All Forms of Discrimination against Women. __________________ 7 16-13742 Request for Interpretation of the Judgment of 15 June 1962 in the Case Concerning the Temple of Preah Vihear (Cambodia v. Thailand), Separate Opinion of Judge Cançado Trindade, I.C.J. Reports 2013, p. 606, para. 114. 5/24