A/HRC/43/50 IV. Risks and challenges 50. The former Special Rapporteur on human rights defenders noted that defenders working in the field of economic, social and cultural rights often had a harder time having their work accepted as human rights work. As a result, they experience difficulties attracting funding, a lack of coverage from the media to violations of their rights, and a lack of attention paid to the violations and a hesitation in seeking remedial measures at the domestic or international level. There is a misconception that defenders working in the field of economic, social and cultural rights are not “real” human rights defenders (A/HRC/4/37). Cultural rights defenders and their work often receive even less attention than those working on economic and social rights, even from international bodies, including the United Nations, and civil society. This lack of visibility creates many challenges and magnifies risks. Cultural rights defenders who have faced violations have stressed to the Special Rapporteur that they feel safer when their cases and work receive international attention. In 2015, the Special Rapporteur on the situation of human rights defenders identified those working to defend economic, social and cultural rights as one of the most at-risk groups of defenders (A/68/262, paras. 15, 24, 40 and 53–55). 51. Many human rights defenders face pressure due to their work and take great risks to carry it out. However, there may be specific difficulties and challenges, and particular root causes of violence and repression against cultural rights defenders, and some specific kinds of human rights abuses they may suffer, many of which are on the rise. 35 These need to be addressed. 52. The work of cultural rights defenders often touches upon issues deemed sensitive, which makes them especially vulnerable to persecution. Writers and artists may be targeted precisely because they represent the liberating gift of the human imagination and give voice to thoughts, ideas, debate and critique, disseminated to a wide audience. 36 Cultural rights defenders may be seen as challenging dominant cultural or religious arguments or symbols when those are used as instruments of domination or discrimination, including by authoritarian Governments, fundamentalists and extremists, and both States and non-State actors. In the report on the right to freedom of artistic expression and creativity, the mandate holder noted that in most cases, restrictions on artistic freedoms reflect a desire to promote a world vision or narrative while simultaneously blocking all others (A/HRC/23/34, paras. 36 and 89 (d)). Being perceived as challenging cultural or religious arguments or symbols may create strong and emotional reactions from authorities and other actors. Similarly, when cultural rights defenders challenge cultural norms or attitudes about sexuality and reproduction, or narrow conceptions of “family” or “tradition”, they and their work have been subjected to various forms of regulation. 37 All this leads to threats and violence against cultural rights defenders, and may lead to their exclusion, and to their being dubbed as outside of or an enemy of their culture, religion, or national or ethnic group, as being “other,” “alien” or “foreign.” Such portrayal may be emotionally devastating both for the defender and their family and colleagues, and also facilitates other abuses. 53. Cultural rights defenders may experience the paradoxical phenomenon of the very rights they defend being co-opted to undermine them. For example, culture, cultural diversity or cultural rights may be misused, in violation of international standards, to seek to justify violations, and undercut those who advocate precisely for the cultural rights of women or minorities or those excluded on the basis of caste or facing discrimination due to their sexual orientation or gender identity. Discrimination in the exercise of cultural rights is then claimed to be justified in the name of respect for cultural diversity or culture. This is unacceptable (see A/73/227). 35 36 37 12 See, e.g., Freemuse, The State of Artistic Freedom 2019: Whose Narratives Count? (2019). www.icorn.org/about-icorn. United Nations, “Increasingly under attack, women human rights defenders need better back up”, 28 November 2018; and United Nations, OHCHR, “Women human rights defenders”, Information Series on Sexual and Reproductive Health and Rights, fact sheet.

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