A/67/287
29. The Committee on Economic, Social and Cultural Rights has emphasized the
need to take “appropriate measures to remedy structural forms of discrimination so
as to ensure that the underrepresentation of persons from certain communities in
public life does not adversely affect their right to take part in cultural life”. 30 This
suggests that measures are needed to ensure that particular communities are not
exclusively represented by members traditionally vested with the power or authority
to represent the community, such as religious leaders or community elders, most of
whom are male, and that women are equally able to represent their communities.
30. Access covers, inter alia, the right of everyone to know, understand and benefit
from the cultural heritage and cultural life of their own communities as well as that
of other communities. Accessing and enjoying cultural heritage implies the ability,
inter alia, to know, understand, enter, visit, make use of, maintain, exchange and
develop cultural heritage; to contribute to the identification, interpretation and
development of cultural heritage, as well as to the design and implementation of
preservation/safeguard policies and programmes (A/HRC/17/38, para. 79). Access
encompasses the right to freely engage with people and to benefit from ideas, events
and information beyond those of one’s own community(ies), regardless of frontiers
and without fear of punitive actions, including from non-State actors.
31. Equal cultural rights would ensure women’s ability to seek proactively
knowledge and creative human expressions, scientific knowledge, applications and
technologies (A/HRC/20/26, paras. 27 and 29) and to widen their horizon, including
beyond the cultural communities in which they are born and raised. Women must be
able to access cultural goods and resources, institutions and infrastructure that
enable them to follow a specific way of life, including in the areas of leisure, sports,
culture and education.
32. Information and communication technologies, including the Internet, are
especially important for accessing information, establishing and developing contacts
with persons with similar views beyond primary communities, as well as expressing
oneself and contributing one’s own knowledge and ideas.
33. Equal contribution to cultural life entails the ability to use imagination and
intellect in both experiencing and producing works and events of one’s own choice:
spiritual and material, intellectual and emotional, including in all forms of artistic
creativity, for example music and literature. Equally important is being able to
engage in critical reflection to form conceptions of, and contribute to establishing,
key values, norms and standards. Women must have the freedom to undertake
scientific research, be recognized as knowledge holders and be able to contribute to
the scientific enterprise without encumbrances (A/HRC/20/26, para. 39).
2.
Cultural rights as empowering and transformative rights
34. All human communities, including nations, are characterized by a dominant
culture that reflects the viewpoint and the interests of those with the power to ensure
adherence to prescribed norms. The dominant culture is almost inevitably
patriarchal in nature.
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30
12-45930
General comment No. 21 (2009), para. 52 (g). See also paras. 21, 22, 25, 49 (a) and (e), 52 (b)
and 55 (a) and (b).
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