A/67/287 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 and fundamental freedoms”. 49 It further stresses, in Part II, para. 38, the importance of “the eradication of any conflicts which may arise between the rights of women and the harmful effects of certain traditional or customary practices, cultural prejudices and religious extremism”. 50 58. Another important reference is the UNESCO Convention on the Protection and Promotion of Cultural Expressions, which states in article 2: Cultural diversity can be protected and promoted only if human rights and fundamental freedoms, such as freedom of expression, information and communication, as well as the ability of individuals to choose cultural expressions, are guaranteed. No one may invoke the provisions of this Convention in order to infringe human rights and fundamental freedoms as enshrined in the Universal Declaration of Human Rights or guaranteed by international law, or to limit the scope thereof. 59. Other important references include article 4 of the Declaration on the Elimination of Violence against Women prohibiting States from invoking custom, tradition or religious considerations to avoid their obligations; various General Assembly resolutions in the area of combating all forms of violence against women; 51 the work undertaken by the Special Rapporteurs on violence against women, its causes and consequences (most notably A/HRC/4/34 and A/HRC/17/26, paras. 36 and 45) and on freedom of religion or belief (E/CN.4/2002/73/Add.2, in particular para. 58, and A/HRC/13/40, in particular paras. 37, 45, 46 and 58). Articles 44 and 46 of the United Nations Declaration on Indigenous Peoples, stipulating that all the rights and freedoms recognized in the Declaration are equally guaranteed to male and female indigenous individuals and that limitations to the exercise of rights shall be non-discriminatory, must also be mentioned. 60. As she stated in her first thematic report to the Human Rights Council, the Special Rapporteur stresses that ensuring the mutual protection of cultural rights and cultural diversity shall be based on (a) the recognition of the diversity of cultural identities and expressions; (b) equal treatment and respect for the equal dignity of all persons and communities, without discrimination based on their cultural identities; and (c) openness to others, discussion and intercultural exchanges (A/HRC/14/36, para. 30). Cultural diversity is not a justification for practices that violate women’s human rights; not all cultural practices can be considered as protected in international human rights law, and cultural rights may be subject to limitations in certain circumstances (ibid., paras. 30-35). Stated more explicitly: the principle of non-discrimination, which lies at the root of the principle of universality of human rights, must always be respected. 61. Preserving the existence and cohesion of a specific cultural community, national or subnational, should not be achieved to the detriment of one group within __________________ 49 50 51 12-45930 See also the preamble to and article 5 of the UNESCO Declaration on Cultural Diversity. The Beijing Platform for Action, in paragraph 9, expresses similar viewpoints, but adds that “full respect for various religious and ethical values … should contribute to the full enjoyment by women of their human rights”. See also Otto. Recent examples are resolutions 63/155, para. 9, and 65/187, paras. 8 and 16 (b). See the report of the Secretary-General on intensification of efforts to eliminate all forms of violence against women (A/65/208). 17