A/HRC/17/38/Add.1
12.
The “symbolic dimension” of culture is understood as the infinite possibilities of
symbolic creation expressed, inter alia, in ways of life, religious beliefs, systems of values,
rituals and identities. From this perspective, policies aim to promote and protect cultural
diversity, which is considered the symbolic expression of Brazilian culture and an
important national asset. Priority actions seek to encourage multiple cultural expressions as
well as to ensure quality of life, self-esteem and ties of identity among Brazilians.
13.
The “civic dimension” sees culture, as manifested through practices, services,
artistic and cultural goods, as a force for social integration and mediation, and essential for
the exercise of citizenship. From this perspective, interventions aim to ensure universal
access to culture. Priority actions focus on stimulating artistic creation, democratizing the
conditions for cultural production, providing training opportunities, expanding broadcasting
and media, building capacity to preserve cultural heritage, and ensuring the free circulation
of cultural goods while respecting copyright and related rights, and taking into
consideration new ways and means of cultural diffusion and usufruct.
14.
The third dimension, known as the “economy of culture”, views culture as a source
of employment and income opportunities as well as a vector for socio-economic and human
development. From this perspective, public policies focus on the promotion of cultural
goods, manifestations and services, together with their production, circulation,
commercialization and consumption.
III.
Normative and institutional framework
A.
International and regional legal framework
1.
The international and regional legal framework
15.
Brazil has ratified major international human rights treaties which include provisions
on the protection of cultural rights, such as the International Covenant on Civil and Political
Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention on the Elimination of Discrimination Against Women, the Convention on the
Rights of the Child, the International Convention on the Elimination of all Forms of Racial
Discrimination and the Convention on the Rights of Persons with Disabilities. Brazil is yet
to ratify the Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights.
16.
Brazil has also ratified major UNESCO international treaties that are considered
essential for the enjoyment of cultural rights,5 and a number of international instruments
dealing with the protection of copyright.6 Brazil is yet to ratify the UNESCO Convention
on the Protection of the Underwater Cultural Heritage (2001).
17.
Brazil has ratified all instruments adopted within the framework of the InterAmerican System of Human Rights, including the American Convention on Human Rights,
and the Additional Protocol to the American Convention on Human Rights in the Area of
Economic, Social and Cultural Rights (Protocol of San Salvador), which recognizes cultural
rights in article 14.
5
6
6
Among them, the Convention against Discrimination in Education (1960); the Convention concerning
the Protection of the World Cultural and Natural Heritage (1972); the Convention for the
Safeguarding of the Intangible Cultural Heritage (2003), and the Convention on the Protection and
Promotion of the Diversity of Cultural Expressions (2005).
Including the Universal Copyright Convention, and its three protocols.