A/74/255 III. International legal framework 19. The aim to “provide universal access to safe, inclusive and accessible, green and public spaces, in particular for women and children, older persons and persons with disabilities” is enshrined in target 11.7 of the 2030 Agenda for Sustainable Development. This goal must be met as a matter of priority in order to ensure the enjoyment of many human rights. 20. Cultural rights 17 are grounded in numerous international provisions, in particular article 27 of the Universal Declaration of Human Rights and article 15 of the International Covenant on Economic, Social and Cultural Rights, which gua rantee the right of everyone, without discrimination, to take part in cultural life, as well as artistic and scientific freedom. They are also found in articles 18, 19, 21 and 27 of the International Covenant on Civil and Political Rights, as well as in pr ovisions protecting the rights of specific categories of persons, including women, children, persons with disabilities, persons belonging to minorities, indigenous peoples and migrants. 21. While account must be taken of national and regional particularities and various historical, cultural and religious backgrounds, it is the duty of States, regardless of their political, economic or cultural systems, to promote and protect all human rights and fundamental freedoms. 18 Thus, “no one may invoke cultural diversity to infringe upon human rights guaranteed by international law, nor limit their scope”. 19 22. Too often, people refer to the freedoms of expression and assembly only in their civil and political dimensions, forgetting their equally important cultural di mension. 20 Cultural expressions and assemblies in public spaces are equally protected by human rights provisions as political expressions and assemblies, and often overlap (see A/HRC/23/34 and A/HRC/37/55). 23. Applying limitations to cultural rights may be necessary in certain circumstances, in particular in the case of harmful practices which infringe upon other human rights. Limitations must pursue a legitimate aim, be compatible with the nature of these rights and be strictly necessary for the promotion of general welfare in a democratic society, in accordance with article 4 of the International Covenant on Economic, Social and Cultural Rights. Any limitations must therefore be proportionate, meaning that the least restrictive measures must be taken when several types of limitations may be imposed. Existing international human rights standards governing limitations on rights intrinsically linked to cultural rights, such as the freedoms of thought, conscience and religion, of opinion and expression, and the rights to privacy, peaceful assembly and freedom of association, must be taken into consideration (see E/C.12/GC/21, para. 19, and A/HRC/14/36, paras. 35–36). Therefore, possible limitations to a right to access and enjoy public spaces must be compatible with all these relevant standards, the most stringent a lways being applied first. 24. Limitations on the exercise of rights within public spaces must be tailored to the specificities of the spaces, the time and the users. For example, city parks have specific opening hours that take into account potential nuis ances for neighbours and environmental preservation. Limitations may be imposed to protect the rights of __________________ 17 18 19 20 8/24 See definition at A/HRC/14/36, para. 9; A/67/287, para. 7; and A/HRC/31/59 and A/HRC/31/59/Corr.1, para. 7. Vienna Declaration and Programme of Action, para. 5. United Nations Educational, Scientific and Cultural Organization (UNESCO) Universal Declaration on Cultural Diversity, art. 4. Mylène Bidault, La protection internationale des droits culturels (Brussels, Bruylant, 2009), pp. 23–24. 19-13014