A/HRC/17/38
(f)
States should take measures to encourage professionals working in the
field of cultural heritage to adopt a human rights-based approach and to develop rules
and guidelines in this respect;
(g)
Professionals working in the field of cultural heritage and cultural
institutions (museums, libraries and archives in particular) should build stronger
relationships with the communities and peoples whose cultural heritage they are the
repositories of, respect their contributions regarding the significance, interpretation,
sharing and display of such heritage, and consider in good faith their queries
regarding repatriation;
(h)
Researchers should likewise build stronger relationships with the
communities and peoples whose cultural heritage they desire to investigate, especially
when recording cultural heritage manifestations, to ensure their free, prior and
informed consent at all stages of research and dissemination;
(i)
Tourism and entertainment industries should respect the right of access
to and enjoyment of cultural heritage. This implies, in particular, fully taking into
consideration the complaints lodged by concerned individuals and communities who
consider that their cultural heritage has been misused, misrepresented or
misappropriated, or that their cultural heritage is being endangered by their
activities;
(j)
States should ensure access to the cultural heritage of one’s own
communities, as well as that of others, while respecting customary practices governing
access to cultural heritage. In particular, such access should be ensured through
education and information, including by the use of modern information and
communication technologies. States should also ensure to that end, that the content of
programmes is established in full cooperation with the concerned communities;
(k)
States should adopt positive measures to ensure access to and enjoyment
of cultural heritage by all people regardless of gender, including people with scarce
financial resources, and those with mental and physical disabilities;
(l)
States should make available effective remedies, including judicial
remedies, to concerned individuals and communities who feel that their cultural
heritage is either not fully respected and protected or that their right of access to and
enjoyment of cultural heritage is being infringed upon. In arbitration and litigation
processes, the specific relationship of communities to cultural heritage should be fully
taken into consideration;
(m) States are encouraged to ratify relevant international and regional
treaties for the preservation/safeguarding of cultural heritage, and to implement them
at the national level adopting a human rights-based approach;
(n)
States should include in their periodic reports to treaty bodies, in
particular the Human Rights Committee, the Committee on Economic, Social and
Cultural Rights, and the Committee on the Rights of the Child, information on action
taken to ensure the full participation of concerned individuals and communities in
cultural heritage preservation/safeguard programmes, as well as on measures taken,
particularly in the field of education and information, to ensure access to and
enjoyment of cultural heritage.
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