A/HRC/58/60/Add.1
practices and attending to claims related to land. The Subdirectorate also develops and
disseminates intercultural material and conducts awareness-raising campaigns.
29.
The Ministry of Science, Technology, Knowledge and Innovation works on social and
natural sciences, scientific culture and outreach on science. Its Science and Technology
Council was working on traditional and popular knowledge and its integration into the work
of the Ministry at the time of the Special Rapporteur’s visit. It was looking, for example, into
a dual approach to medical knowledge in the public health system in the south of the country.
Both the structure and the policy work of the Ministry appeared to the Special Rapporteur to
be very much in line with a cultural rights understanding of the right to participate in science. 5
30.
Finally, the Ministry of Foreign Affairs works closely with the Ministry of Cultures,
Arts and Heritage to provide opportunities for international collaboration. It is involved in
the National Council of Cultures, the Arts and Heritage, the Crafts Foundation as well as the
La Moneda Cultural Centre.
III. Realizing cultural rights in Chile: specific issues
31.
The Special Rapporteur listened with interest to the numerous plans and visions of the
national and local authorities concerning cultural rights. However, she was struck by the
emphasis on plans, rather than coherent actions. Chile ratified the International Covenant on
Economic, Social and Cultural Rights in 1972, and democracy was restored several years
ago. There is an urgent need to move from plans to action to ensure the participation of all in
cultural life.
32.
Three broad areas need improvement for the enjoyment of cultural rights in Chile: the
legal framework, the general understanding of the scope of cultural rights and guarantees for
effective participation.
Legal guarantees for everyone’s cultural rights and their realization
A.
33.
A clear and strong legal framework is required for the realization of cultural eights.
As admitted by the Government, there is no generic legal framework recognizing the right of
everyone to participate in cultural life, and there are therefore no legal guarantees for cultural
rights. Laws that have been adopted only target either elements of cultural rights, such as the
rights of artists and craftspeople, 6 or specific sections of the population. The Special
Rapporteur is concerned that the Commission of Cultures, Arts and Heritage of the Chamber
of Deputies has not planned to adopt a comprehensive protection of cultural rights for all,
and that neither the Congress nor its Commission on Culture has any plans to incorporate
article 15 of the International Covenant on Economic, Social and Cultural Rights into
domestic law. This omission casts doubt on the State’s commitment to its obligations to
respect, protect and fulfil cultural rights.
34.
Chileans have to be made aware of their cultural rights and be able to claim them.
Mandatory training on cultural rights and the applicable standards should be widely provided.
The Special Rapporteur appreciates the efforts of the Supreme Court to develop clear
language tools, as a way to make the justice system more culturally adapted and increase
access to justice. The various formats developed, such as film, theatre and comments on
novels, the regularity of workshops and their online streaming, and the investments in
translation and interpretation into various languages, are commendable ways to overcome the
symbolic barriers that the justice system represents and to empower more Chileans to engage
with it. However, the justice system needs more knowledge of the scope of cultural rights
and their justiciability.
35.
The lack of clear legal guarantees and knowledge about cultural rights standards and
the continued presence of machismo and social hierarchies in Chile, which are reproduced in
public services, have embedded exclusion, continue to undermine the cultural expression of
5
6
GE.25-01340
See A/HRC/55/44.
See, for example, the law on the protection of craftspersons, adopted on 2 April 2024.
7