A/HRC/43/50/Add.1 II. General context A. National and international human rights framework 1. International obligations 6. Poland has ratified most core human rights instruments, many of which include provisions to respect, protect and fulfil cultural rights. Of particular relevance is article 15 of the International Covenant on Economic, Social and Cultural Rights, which protects the right of everyone, without discrimination, to take part in cultural life – including to access and enjoy cultural heritage – and to enjoy the freedom indispensable for scientific research and creative activity. Poland has also ratified the International Covenant on Civil and Political Rights, which protects rights with an important cultural dimension, in particular the rights to freedom of thought, conscience and religion (art. 18) and to freedom of opinion and expression (art. 19), as well as the rights of persons belonging to ethnic, religious or linguistic minorities to enjoy their own culture, profess and practise their own religion, and use their own language (art. 27). Other relevant provisions protecting cultural rights are found in the Convention on the Rights of Persons with Disabilities (art. 30), the Convention on the Rights of the Child (arts. 29–31), the International Convention on the Elimination of All Forms of Racial Discrimination (art. 5 (e)) and the Convention on the Elimination of All Forms of Discrimination against Women (art. 13), all of which Poland has ratified. 7. Poland is also party to various UNESCO instruments relevant for the implementation of cultural rights, including the Convention for the Protection of the World Cultural and Natural Heritage, the Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the Convention for the Safeguarding of the Intangible Cultural Heritage, the Convention against Discrimination in Education and the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. The Government’s commitment to protecting heritage is visible in the 14 cultural sites and one natural site inscribed in the World Heritage List. 8. The Special Rapporteur notes that article 9 of the Constitution requires Poland to respect international law binding upon it. In practice, more needs to be done to systematically and effectively implement such international standards. One particular area of difficulty is regular and transparent consultation with experts and civil society organizations on policy ideas, and the tendency to introduce and pass legislation rapidly, with little opportunity for debate or amendment. 9. She also notes the stated commitment of the Ministry of Foreign Affairs to supporting greater focus by the European Union on economic, social and cultural rights, and looks forward to cooperating with the Government of Poland in the implementation of relevant resolutions adopted by the Human Rights Council on cultural rights and cultural heritage.1 She was pleased to learn of the intention of the Government to interact more consistently with civil society for the fourth cycle of the universal periodic review process, both before and after the presentation of its report, and encourages the authorities to continue developing meaningful consultations with all relevant actors in the context of monitoring its human rights obligations and in all decision-making processes that have an impact on human rights. 10. As enshrined in the Vienna Declaration and Programme of Action, while the significance of national and regional particularities and various historical, 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.2 Cultural rights are an integral part of the universal human rights framework. They are not tantamount to cultural relativism and cannot be used to justify or excuse violations of other human rights, discrimination or violence. 11. The purpose of the cultural rights mandate is not to protect culture or cultural heritage per se but, rather, to ensure the conditions allowing all people, without 1 2 See www.ohchr.org/EN/Issues/ESCR/Pages/CulturalRightsProtectionCulturalHeritage.aspx. A/CONF.157/24 (Part I) and Corr.1, chap. III, para. 5. 3