A/HRC/34/56 includes the right to freedom of opinion, and freedom of thought, conscience and religion, as art is also a means of expressing a belief (see A/HRC/23/34, para. 11). 45. The obligation of States to fulfil cultural rights is also crucial. General comment No. 21 (2009) of the Committee on Economic, Social and Cultural Rights on the right of everyone to take part in cultural life contains many recommendations that are important as a response to fundamentalist and extremist ideologies. In particular, under their obligation to facilitate, States should adopt “policies for the protection and promotion of cultural diversity, and facilitating access to a rich and diversified range of cultural expressions”. They should also adopt policies enabling people “to engage freely and without discrimination in their own cultural practices and those of others, and to choose freely their way of life”, and take “measures to create conditions conducive to a constructive intercultural relationship between individuals and groups based on mutual respect, understanding and tolerance”. In addition, the obligation to promote requires States to develop education and awareness-raising programmes on the need to respect cultural heritage and cultural diversity. The obligation to fulfil requires that States develop legislation and mechanisms allowing people “to participate effectively in decision-making processes, to claim protection of their right to take part in cultural life, and to claim and receive compensation if their rights have been violated”. 46. Cultural rights are not tantamount to cultural relativism. They are not an excuse for violations of other human rights, do not justify discrimination or violence and are not a licence to impose identities or practices on others or to exclude them from either in violation of international law. They are firmly embedded in the universal human rights framework. Hence, the implementation of human rights must take into consideration respect for cultural rights, even as cultural rights themselves must take into consideration respect for other universal human rights norms (see A/HRC/31/59, para. 27). 47. The foundational principle anchored in article 1 of the Universal Declaration of Human Rights holds that “all human beings are born free and equal in dignity and rights”. In article 5 of the Vienna Declaration and Programme of Action, States agreed not only that “all human rights are universal” but that “while the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights”. 48. Universality is one of the most important tools in the struggle against the harmful effects of fundamentalism and extremism and must be defended. When States undermine universality, they aid and abet extremism. Cultural relativism has been clearly and repeatedly rejected by international human rights law. As expressed in article 4 of the UNESCO Universal Declaration on Cultural Diversity, no one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor to limit their scope.21 49. In its general comment No. 28, interpreting article 3 of the International Covenant on Civil and Political Rights, the Human Rights Committee explained that “States parties should ensure that traditional, historical, religious or cultural attitudes are not used to justify violations of women’s right to equality before the law and to equal enjoyment of all Covenant rights”.22 The legal commitment to ensure these rights requires the State to take such action to defend equality from abuses both by private actors and State actors. 21 22 See also Human Rights Council resolution 28/9. Human Rights Committee, general comment No. 28 (2000) on equality of rights between men and women, para. 5. 11

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