A/HRC/46/34
commitments to non-discrimination and inclusion of diverse voices must be maintained even
in the face of the economic crises associated with the pandemic. Adequate support must be
provided to at-risk cultural rights defenders taking into account the particular challenges they
face in carrying out their work and staying safe in the pandemic. Some civil society
organizations report that support for at-risk artists in exile is coming mainly from their sector
and from private donations during the pandemic; more support from authorities is needed. 140
62.
From the medium term to the longer term, as public cultural life and greater shared
use of public spaces, including indoor spaces, becomes possible again, there must be a
commitment to fully supporting that renaissance. As important as digital cultural life may
have become, where available, it is a complement – not an alternative – to a shared public
cultural life in physical public spaces141 when that becomes safe again in diverse contexts.
Future generations must not lose the opportunity to go to the cinema or the theatre, or to
browse in a bookshop. Moreover, the positive aspects of expanded digital cultural life, and
artistic and cultural innovations, should be maintained going forward. Reopening must, of
course, be guided by public health expertise. It is important to build networks among
officials, institutions and experts in the fields of culture and public health.
63.
Despite the challenges of today, there can be no giving up on the dream of a better
tomorrow with a more vibrant, inclusive cultural life based on new construction, not just reconstruction, in which, among other things, more climate-friendly ways to organize cultural
life are considered.142
64.
A cultural rights approach to all these issues remains absolutely necessary.
Government responses must make clear the value of arts and culture, science and cultural
rights, and their importance for the enjoyment of all human rights during the pandemic and
post-pandemic. These are not just sound policy choices but international legal obligations,
and also national obligations in countries that guarantee cultural rights in their domestic legal
frameworks. The cultural rights commitments of States, including to guarantee the right of
everyone to take part in cultural life without discrimination, and to artistic and scientific
freedom and the right to science, inherently require Governments to take effective rightsrespecting action so as to avoid both health and cultural catastrophe, and also to promote
cultural renewal, an essential component of building back better.
VI. International legal framework
65.
Cultural rights are guaranteed by many provisions of international law. Such
provisions include article 27 of the Universal Declaration of Human Rights, article 15 of the
International Covenant on Economic, Social and Cultural Rights and related provisions of
the International Covenant on Civil and Political Rights. Other relevant standards to consider
include the Recommendation concerning the Status of the Artist, in which UNESCO sets out
provisions for States with respect to improving the professional, social and economic status
of artists through the implementation of policies and measures, including those related to
social security, employment and freedom of expression. These norms have been explained in
detail by successive mandate holders.143
66.
The right of everyone to share in scientific advancement and its benefits is enshrined
in the Universal Declaration of Human Rights and, in slightly different terms, as the right to
benefit from scientific progress and its applications in the International Covenant on
Economic, Social and Cultural Rights. 144 The Covenant also guarantees respect for the
freedom indispensable for scientific research.
140
141
142
143
144
See http://rorelsernasmuseum.se/media6.mustasch-labs.com/public_html/2020/11/Safe-Havens-ShortReport-24-Nov-2020.pdf, p. 3.
See A/74/255.
See A/75/298.
See, e.g., ohchr.org/EN/Issues/CulturalRights/Pages/InternationalStandards.aspx; A/74/255, paras.
19–31; A/HRC/37/55, paras. 14–24; and A/HRC/40/53, para. 15.
A/HRC/20/26, para. 1.
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